Title 10 Appendix: Vermont Fish and Wildlife Regulations
Chapter 1: GAME
§ 1
§ 1. Wild animals generally
Wild animals, other than protected birds or game or fur-bearing animals, may be taken at any time, by any lawful means, by any person, holding a valid license for such taking or by any person permitted by law to take game without a license. (1961, No. 119, § 2, eff. May 9, 1961.)
§ 2
§ 2. Report, big game
(a) A person taking big game, as defined by 10 V.S.A. § 4001(31), pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall within 48 hours report the taking and exhibit the carcass to the nearest game warden, official Fish and Wildlife Department Reporting Station, or to a person designated by the commissioner to receive the reports.
No big game carcass shall be transported out of the state without first being reported as required herein.
(b) The commissioner shall pay to the authorized agent a fee of $1.00 for each report taken on species where reports are required by law. (1961, No. 119, § 2, eff. May 9, 1961; amended 1963, No. 144 ; 1971, No. 84, § 5; 1976, Fish and Game Board Reg. No. -, eff. Jan. 1, 1977; 1977, No. 225 (Adj. Sess.), § 9, eff. April 12, 1978; 1982, Fish and Game Board Reg. No. 935, § 2, eff. Sept. 1, 1982; 1985, No. 120 (Adj. Sess.), § 6, eff. April 16, 1986; 1993, Fish and Wildlife Board Reg. No. 996, eff. April 22, 1993.)
§ 2a
§ 2a. Big game; tagging
(a) A person taking big game, as defined by 10 V.S.A. § 4001(31), pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall immediately tag the big game carcass upon taking. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation and until such time that the animal is cut up for consumption.
(b) A person shall not transport parts of a big game animal unless the parts or package containing them are marked with the name and address of the person who killed the big game.
(c) A person may transport into and possess in this state big game legally taken in another state or country provided such person shall retain the tag required to be attached to the carcass by the state or country where taken and mark each package of meat with the name of the person who took the animal, tag number, date, and state or country of origin. (Added 1968, Fish and Game Board Reg. No. 778, eff. Jan. 1, 1969; amended 1985, Fish and Wildlife Board Reg. No. 957, eff. July 5, 1985; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan 1, 1987; 1989, Fish and Wildlife Board Reg. No. 957, eff. Nov. 24, 1989; 1992, Fish and Wildlife Board Reg. No. 957, eff. Nov. 14, 1992; 2008, Fish and Game Board Reg. No. 957, eff. Sept. 6, 2008.)
§ 2b
§ 2b. Antlerless deer-regional public hearings
Five Regions are established for annual public meetings on deer herd management pursuant to 10 V.S.A. § 4081(f). The Regions are comprised of Deer Management Units, as delineated in Appendix A, and are as follows:
A. Region 1-DMU's A, B, C, F1, F2, G
B. Region 2-DMU's D1, D2, E, H2
C. Region 3-DMU's H1, I, J1, J2
D. Region 4-DMU's K1, K2, L, N, P
E. Region 5-DMU's M1, M2, O1, O2, Q. (1974, Fish and Game Board Reg. No. 877, eff. Oct. 1, 1974; amended 1985, Fish and Wildlife Board Reg. No. 957, eff. July 5, 1985; 1986, Fish and Wildlife Board Reg. No. 912, eff. Sept. 14, 1986; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan 1, 1987; 1991, Fish and Wildlife Board Reg. No. 912, eff. Aug. 9, 1991; 1996, Fish and Wildlife Board Reg. No. 912, eff. May 5, 1996.)
§ 2c
§ 2c. Anterless deer season
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081. In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance. This rule recognizes that "the fish and wildlife of Vermont are held in trust by the state for the benefit of the citizens of Vermont and shall not be reduced to private ownership."
1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the deer herd.
1.3 In accordance with 10 V.S.A. § 4084, the dates for the antlerless season are adopted under this rule.
1.4 In accordance with 10 V.S.A. § 4742a(c), the Board establishes the taking of antlerless deer during the youth deer hunting weekend.
2.0 Purpose
The purpose of this rule is to authorize the taking of a certain number of antlerless deer by muzzleloader, authorize the taking of antlerless deer during the archery season, and the taking of antlerless deer during Youth Deer Hunting Weekend.
3.0 Permitted Activities and Restrictions
3.1 The Fish and Wildlife Board hereby authorizes the taking of antlerless deer (deer with antlers less than three inches in length or no antlers) during the muzzleloader season, from December 1 through December 9, 2012.
3.2 The Fish and Wildlife Board hereby authorizes the taking of antlerless deer (deer with antlers less than three inches in length or no antlers) during the archery seasons, from October 6th through October 28 and December 1 through December 9, 2012. All Wildlife Management Units are open to the taking of antlerless deer by means of archery, except Wildlife Management Unit E.
3.3 The Fish and Wildlife Board hereby authorizes that participants in the Youth Deer Hunting Weekend may take any anterless deer.
3.4 The Board authorizes the issuance of a total of 12,425 antlerless deer permits, distribution to be made throughout the state on the basis of wildlife management units as provided for in section 4.0 of this rule.
3.5 Applications must be received prior to the deadline established by the Fish and Wildlife Department.
4.0 Antlerless Permits by WMU
=bf 4.1Muzzleloader antlerless permits to be issued, by WMU, for the 2012 deer seasons.
2011 2012 WMU Permits Permits A 650 B 3,600 C 0 0 D1 250 D2 0 0 E 0 0 F1 525 F2 575 G 0 0 H1 300 H2 300 I 00 J1 400 J2 850 K1 750 K2 1,250 L 0 0 M1 0 0 M2 350 350 N 1,975 O1 0 0 O2 400 P 0 0 Q 250 State 9,575 12,425
(Added 2003, Fish and Wildlife Board Reg. No. 911, eff. Aug. 1, 2003; amended 2005, Fish and Wildlife Board Reg. No. 911, eff. Sept. 2, 2005; 2006, Fish and Wildlife Board Reg. No. 911, eff. Sept. 1, 2006; 2008, Fish and Wildlife Board Reg. No. 911, eff. Sept. 6, 2008; 2009, Fish and Wildlife Board Reg. No. 911, eff. August 1, 2009; 2010, Fish and Wildlife Board Reg. eff. August 21,2010; 2012, Fish and Wildlife Board Reg. eff. July 14, 2012.)
§ 2d
§ 2d. Second archery and muzzleloader deer hunting licenses
Pursuant to Title 10 V.S.A. § 4743(a) and § 4744(a), relating to deer taken on a second license, the Fish and Wildlife Board establishes that:
(1) A person taking a deer on a second archery license, pursuant to § 4744(a), may take an antlerless deer, statewide, during the period from the first Saturday in October and running for 23 consecutive calendar days.
(2) A person taking a deer on a second muzzleloader license, pursuant to § 4743(a), shall take only a deer with one antler at least three inches long, statewide. (Added 1992, Fish and Wildlife Board Reg. No. 995, eff. Nov. 14, 1992; amended 1997, Fish and Wildlife Board Reg. No. 995, eff. Aug. 2, 1997; amended by implication 1997, No. 99 (Adj. Sess.), § 4.)
§ 3
§ 3. Rabbit, squirrel; sale
A person shall not buy or sell wild rabbit or gray squirrel at any time. (1961, No. 119, § 2, eff. May 9, 1961.)
§ 4
§ 4. Bow and arrow hunting
Unless otherwise provided, any game which may be taken by shooting may be taken by use of bow and arrow, or by crossbow where authorized under 10 V.S.A. § 4711. (1961, No. 119, § 2, eff. May 9, 1961; amended 1987, No. 159 (Adj. Sess.), § 3.)
§ 5
§ 5. Bow and arrow standards
No person shall hunt deer with bow and arrow if the arrow has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges. (1961, No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No.-, eff. Aug. 23, 1963.)
§ 6
§ 6. Repealed.
{effective until January 1, 2013]
[Section 7 effective until January 1, 2013; see also section 7 effective January 1, 2013 set out below
[Section 7 effective until January 1, 2013; see also section 7 effective January 1, 2013 set out below.]
§ 7. Regulation #935, The taking of bear with dogs
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the fish and wildlife board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
1.2 In accordance with 10 V.S.A. § 4082(a), this rule is designed to maintain the best health, population and utilization levels of Vermont's bear population.
1.3 In accordance with 10 V.S.A. § 4082(a), the Board may prescribe the manner and means of taking bear.
2.0 Purpose
The purpose of this regulation is to ensure compliance with the statutory requirements in 10 V.S.A. §§ 4747, 5007.
3.0 Definitions:
3.1 Baited Area: A baited area shall be construed as an area where meat, carrion, honey or other substance capable of luring or attracting bear has been placed or deposited.
3.2 Control of Dog/Dogs: Control shall be construed as the transportation, loading or unloading of dogs from vehicle(s); handling, catching, restraining or releasing dogs; use of telemetry to locate or track dogs.
3.3 Pack of Dogs: A pack of dogs shall be defined as one to six dogs, acting as a unit during the pursuit of bear. Dogs may be added to the pack during the course of a hunt up to a total of 6 dogs forming an original pack of dogs.
3.4 Relaying Dogs/Packs: The removal and replacement of one or more dog or dogs to the trail of a bear to the original pack of dogs consisting of a maximum of a six dog unit, once the pursuit has begun.
3.5 Dog Registration: A numbered dog license valid for the current calendar year issued to the dog's owner by the town for the purpose of identification of the individual dog and the owner of the dog.
3.6 Unregistered Dog: Dog(s) that do not have a numbered dog license valid for the current calendar year issued to the dog's owner by the town for the purpose of identification of the individual dog and the owner of the dog.
3.7 Resident Dog Owner: An individual person who is a Vermont resident as defined in 10 V.S.A. § 4001(20) whose dog is kenneled in Vermont and has a dog license issued by a Vermont town valid for the current calendar year.
3.8 Nonresident Dog Owner: An individual person who is a nonresident as defined in 10 V.S.A. § 4001(21) whose dog is kenneled in another state other than in Vermont and has a dog license issued by a town not in Vermont valid for the current calendar year.
3.9 Bear Dog Permit: A permit to take bear with the aid of dogs. This permit is issued by the commissioner to a person who owns dogs and wishes to hunt, pursue or take bear with the aid of said dogs. The permit holder may add to his/her permit, dog/dogs owned by another individual person(s) provided the dog/dogs added are owned by an individual person(s) who is a legal resident of the same state as is the permit holder. The said dog/dogs must be legally registered. In addition the commissioner will issue six laminated sub-permittee permits to each permit holder with the permit number on them with the current year. The Permit holder may request additional sub-permittee permits in writing to the commissioner as needed.
3.10 Sub-Permittee: Any individual person designated or recognized by the permit holder to assist or take a bear with the aid of dogs. The sub-permittee may have control of the dog(s) while assisting the permit holder. The sub-permittee must have a Vermont valid hunting license. The sub-permittee must be given a sub-permittee permit by the permit holder and must carry it on their person during the hunt. The permit holder must collect the sub-permittee's permit at the end of the sub-permittee's involvement in the hunt of that particular day.
3.11 Non-hunting individual person: An individual person may accompany the permit holder as long as they do not have control of dog/dogs. The non-hunting individual does not require having a valid hunting license.
4.0 Methods of Take
4.1 An individual person shall not take black bear in a baited area.
4.2 An individual person shall not take black bear with the aid of dogs unless the person in control of the dog or dogs, has a permit to do so from the commissioner or is recognized by the permit holder to be a sub-permittee. Each dog must have a valid dog license. The dog owner shall have a metal identification name plate attached to the dog's collar with the owner's name address and telephone number. The telemetry collar may also have the identification plate attached but is not mandatory.
4.3 Two or more permit holders may hunt together and combine dog(s) listed on each permit holder's permit. The combined permit holder's shall not take black bear with the aid of more than six dogs combined forming a unit of a single pack of dogs. The combined permit holders shall not pursue black bear by relaying dogs/ packs, unregistered dogs , or dogs not listed on their bear dog permits.
4.4 An individual person shall not take black bear with the aid of more than six dogs acting as a unit to pursue bear. The individual person shall not pursue black bear by relaying dogs/packs, unregistered dog/dogs, or dog/dogs not listed on the individual person's bear dog permit.
4.5 An individual person shall not take a bear into his/her actual possession except by killing the bear by lawful means by the use of a firearm to include archery equipment and when applicable a cross bow.
4.6 A person shall not advertise, barter, exchange goods or services, expose or otherwise sell the use of a dog or dogs for the purpose of taking any black bear.
4.7 Bear dog permits must be carried upon their person and exhibited to a game warden upon demand. The dog registration(s) may be carried in the permit holder's vehicle and exhibited to a game warden at the permit holder's vehicle upon the game warden's request. Photo copies of the permit or dog registration(s) may be exhibited to the game warden in lieu of the original documents.
4.8 The dog owner must apply for a "Bear Dog Permit" to hunt and pursue bear with the aid of dogs on the prescribed permit application and shall specify the particular dog(s) to be included in the permit, town dog license number(s), location and addresses where the dog(s) will be kenneled, name of the person whose name appears on the town dog license as owner. False information on the application will constitute a violation under 10 V.S.A. § 4267.
4.9 A Vermont resident shall not list a dog(s) owned by a nonresident on any resident bear dog permit application. A nonresident shall list a dog(s) owned only by a nonresident of the same state as the nonresident applicant.
4.10 A bear dog permit holder may continue to pursue bear with the aid of dogs after legally taking and tagging a bear provided they are being accompanied by a sub-permittee with a valid Vermont hunting license and an unused bear tag.
4.11 Individual persons assisting in control of dog/dogs and the taking of bear with the aid of dogs must be a sub-permittee. The sub-permittee may take a bear with the aid of dogs only while accompanying a dog owner with a bear dog permit. The sub-pemittee may continue to pursue bear with the aid of dogs provided they are accompanied by a permit holder with a valid Vermont hunting license with an unused bear tag. If both the permit holder and a sub-permittee have legally taken and tagged a bear, the holder and sub-permittee may continue to pursue bear with the aid of dogs provided that both shall be accompanied by at least one or more sub-permittee with a valid Vermont hunting license with an unused bear tag. (Added 1972, Fish and Game Board Reg. No. 845, eff. _______/t ; amended 1982, Fish and Game Board Reg. No. 935, § 1, eff. Sept. 1, 1982; 2007, Fish and Game Board Reg. No. 935, § 1, eff. June 1, 2007.)
{effective January 1, 2013]
[Section 7 effective January 1, 2013; see also section 7 effective until January 1, 2013 set out above
[Section 7 effective January 1, 2013; see also section 7 effective until January 1, 2013 set out above.]
§ 7. Bear Management Rule
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the bear population.
1.3 In accordance with 10 V.S.A. § 4084, this rule establishes season and possession limits for game; prescribes the manner and means of taking; and establishes territorial limits for the taking of bears.
2.0 Purpose
The purpose of this regulation is to establish seasons for the taking of bear, to establish legal methods of taking bears, and to establish limits on the number of bears to be taken annually.
3.0 Definitions:
3.1 "Bait" means as any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife.
3.2 "Baited area" means an area where meat, carrion, honey, or any other substance capable of luring or attracting bear has been placed or deposited including, but not limited to, bird feeders.
3.3 "Bear Dog Permit" or "Permit" means a permit to take bear with the aid of dogs issued by the commissioner to a person who owns dogs wishes to hunt, pursue or take bear with the aid of said dogs.
3.4 "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.
3.5 "Control of Dog/Dogs" means control shall be construed as the transportation, loading or unloading of dogs from vehicle(s); handling, catching, restraining or releasing dogs; use of telemetry to locate or track dogs.
3.6 "Department" means the Vermont Fish and Wildlife Department.
3.7 "Dog Registration" means a numbered dog license valid for the current calendar year issued to the dog's owner by the town for the purpose of identification of the individual dog and the owner of the dog.
3.8 "Legal means" or "Legal method" means the taking of a bear by muzzleloader, rifle, handgun, or archery equipment.
3.9 "Pack of Dogs" means pack of dogs shall be defined as one to six dogs, acting as a unit during the pursuit of bear. Dogs may be added to the pack during the course of a hunt, up to a total of 6 dogs forming an original pack of dogs.
3.10 "Nonresident Dog Owner" means an individual person who is a nonresident as defined in 10 V.S.A. § 4001(21) whose dog is kenneled in another state other than in Vermont and has a dog license issued by a town not in Vermont valid for the current calendar year.
3.11 "Non-hunting person" means an individual person may accompany the permit holder as long as he or she does not have control of dog/dogs. The non-hunting person does not require having a valid hunting license.
3.12 "Hunting party" means two or more hunters hunting in a group, all using firearms, muzzleloaders, or archey equipment that is engaged in the act of hunting together and who are in contact with at least one other member of the party.
3.13 "Registered Dog" means a dog that has a numbered dog license valid for the current calendar year issued to the dog's owner by the municipality for the purpose of identification of the individual dog and the owner of the dog.
3.14 "Relaying Dogs/Packs" means the removal and replacement of one or more dog or dogs to the trail of a bear to the original pack of dogs consisting of a maximum of a six dog unit, once the pursuit has begun.
3.15 "Resident Dog Owner" means a person who is a Vermont resident as defined in 10 V.S.A. § 4001(20) whose dog is kenneled in Vermont and has a dog license issued by a Vermont municipality valid for the current calendar year.
3.16 "Sub-permittee permit" means a written authorization issued by the Department that allows a person to assist a permit holder in taking a bear with the aid of dogs.
3.17 "Sub-Permittee" means any person designated or recognized by the permit holder to assist or take a bear with the aid of dogs.
3.18 "Tag" means a document issued by the Department authorizing the taking of a bear.
3.19 "Unregistered Dog" means a dog that does not have a valid numbered dog license as described in 3.13.
4.0 Seasons and Shooting Hours
4.1 Early and Late Season
a) Early Season: September 1 through the day before the first day of the Regular Deer Season.
b) Late Season: The first day of the Regular Deer Season through the second Sunday of the Regular Deer Season.
4.2 Shooting hours: One half hour before sunrise until one half hour after sunset.
5.0 Tags and Bag Limit
5.1 To take a bear during the Early Season, a person must, in addition to a having a valid Big Game Hunting license, obtain an Early Season Tag issued separately by the Department.
5.2 To take a bear during the Late Season, a person must have a valid Vermont Hunting license issued with a Late Season tag.
5.3 A person shall not take more than one bear per calendar year, not to include animals taken pursuant to 10 V.S.A. § 4827.
6.0 The taking of bear with the aid of dogs
6.1 Licenses and Permits Any person hunting, pursuing, harvesting, or in any manner involved in the taking of a bear with the use of dogs must hold a valid Vermont Hunting License and valid bear dog permit, and valid bear tag or be a bona fide sub-permittee of a valid bear dog permit holder. The permit shall:
a) Be carried at all times by the permittee while taking bear and exhibited to a game warden upon demand.
b) Specify the particular dog(s) to be included in the permit, including the town dog license number(s).
6.2 A person shall not take a bear into his/her actual possession except by killing the bear by lawful means by the use of firearm, muzzleloader, or archery equipment.
6.3 Dogs and Packs
a) A person shall not take black bear with the aid of dogs unless the person is in control of the dog or dogs.
b) A person may only take a bear with the aid of a dog that is listed on the permittee's valid bear dog permit.
c) A person taking bear with the aid of dogs shall attach a metal identification name plate with the person's name, address and telephone number to the dog's collar.
d) A person shall not take black bear with the aid of more than six dogs acting as a unit to pursue bear. The person shall not pursue black bear by relaying dogs/packs, unregistered dog/dogs, or dog/dogs not listed on the person's bear dog permit
e) Two or more permit holders may hunt together and combine dog(s) listed on each permit holder's permit. The combined permit holders shall not take black bear with the aid of more than six dogs combined forming a unit of a single pack of dogs. The combined permit holders shall not pursue black bear by relaying dogs/packs, or dogs not listed on their bear dog permits.
6.4 A Vermont resident shall not list a dog(s) owned by a nonresident on any resident bear dog permit application. A nonresident shall list a dog(s) owned only by a nonresident of the same state as the nonresident applicant.
6.5 Sub-Permittees and Parties
a. The sub-permittee may have control of the dog(s) while assisting the permit holder. The sub-permittee must have a valid Vermont Hunting License.
b. The sub-permittee must be given a sub-permittee permit by the permit holder and must carry it on their person during the hunt. The permit holder must collect the sub-permittee's permit at the end of the sub-permittee's involvement in the hunt of that particular day.
c. Permittees and sub-permittees may pursue bear as members of a party so long as one member of the party possesses a valid unused bear tag.
d. The sub-permittee may take a bear with the aid of dogs only while accompanying a permittee.
e. The Permit holder may automatically receive six sub-permittee permits with an issued bear dog permit. The Permit holder may request additional sub-permittee permits in writing to the Commissioner as needed.
7.0 Prohibitions
7.1 No person shall take bear by using bait or in a baited area.
7.2 A person shall not advertise, barter, exchange goods or services, expose or otherwise sell the use of a dog or dogs for the purpose of taking any black bear. (Added 1972, Fish and Game Board Reg. No. 845, eff. _______/t ; amended 1982, Fish and Game Board Reg. No. 935, § 1, eff. Sept. 1, 1982; 2007, Fish and Game Board Reg. No. 935, § 1, eff. June 1, 2007; 2012, Fish and Wildlife Board Reg. eff. January 1, 2013.)
§ 8
§ 8. Repealed.
§ 9
§ 9. Wildlife rehabilitation
=sc Section 1. Purpose. (10 V.S.A. § 5215)
The proper care of distressed wildlife requires special knowledge and facilities not possessed by the general public. The purpose of this Regulation is to establish a licensed group of individuals collectively called wildlife rehabilitators to provide for the care of injured, debilitated, and in certain cases, orphaned wildlife so that such wildlife may be returned to the wild. Licensed pursuant to Vermont Fish and Wildlife Law, 10 V.S.A. § 5215(b), the wildlife rehabilitator is authorized to possess sick or injured wildlife and provide necessary aid. It is, therefore, possible to achieve more humane care and an earlier return to the wild.
Nothing in this Regulation authorizes or is intended to authorize a licensed wildlife rehabilitator to practice veterinary medicine in violation of Vermont State Law, Title 26. However, a licensed veterinarian may apply to become a rehabilitator. A rehabilitator rendering gratuitous services in case of emergency should not attempt diagnosis or treatment beyond his or her level of skill and training. No member of the Fish and Wildlife Department shall become a rehabilitator.
=sc Section 2. Definitions.
For purposes of this Part:
(a) "Commissioner" means the Commissioner of the Department of Fish and Wildlife.
(b) "Department" means the Department of Fish and Wildlife.
(c) "Permit" means the license to possess wildlife for a limited time issued pursuant to Fish and Wildlife Law, 10 V.S.A. § 5215(b).
(d) "Wild animals" means all animals including birds, other than domestic animals, whether or not native to Vermont, including the family canidae, any hybrid with domestic dogs.
(e) "Wildlife rehabilitation" means the practice of providing care for injured or debilitated wild animals including their housing, feeding, emergency treatment and release to the wild.
(f) "Big game" is defined as deer, bear, moose, wild turkey, caribou, elk.
(g) "Orphaned wildlife" is defined as the young of the year whose survival in the wild is not possible without the presence of the mother.
=sc Section 3. Qualifications for appointment.
(a) A wildlife rehabilitator must:
(1) be over the age of 18 years, a resident of Vermont of good character and reputation in the community as judged by two character references written by persons not related to the applicant or to each other;
(2) not have been convicted of or pleaded guilty to a violation of Vermont Fish and Wildlife Law within the previous three years, nor have been convicted of any misdemeanor or felony within the previous three years;
(3) be interviewed by a State Game Warden employed by the Department to assess the applicant's proficiency in wildlife rehabilitation;
(4) include in the application:
a. Name, address, telephone number and date of birth;
b. Location of facilities;
c. Related background experience;
d. Experience and training;
e. Species of interest (i.e.: mammals/raptors/passerines/amphibians/reptiles/all);
f. Name and address of veterinarian who has agreed to assist or advise the applicant;
g. Proof of adequate liability insurance to cover all handlers of wildlife.
=sc Section 4. Appointment.
(a) Application for appointment as wildlife rehabilitator must be submitted to the Chief Game Warden or his designee. The Chief Game Warden shall investigate and forward his recommendation along with the application to the Commissioner.
(b) Appointment as a wildlife rehabilitator will be made by the Commissioner after a determination that eligibility requirements for appointment have been met.
(c) Appointment will continue until:
(1) terminated by the Commissioner or his designee for just cause pursuant to section 6.
(2) resignation, incapacity or death of the wildlife rehabilitator.
=sc Section 5. Duties.
(a) The wildlife rehabilitator must:
(1) practice wildlife rehabilitation in a humane and professional manner;
(2) consult licensed veterinarians as necessary to ensure that proper care is administered to injured or debilitated wildlife;
(3) not require payment for the care, treatment or maintenance of wildlife;
(4) comply with applicable provisions of Fish and Wildlife Law and rules and regulations adopted pursuant thereto and with the Department's instructions concerning methods of wildlife rehabilitation, reporting requirements and any conditions contained in their license;
(5) display in a prominent place the license provided by the Department;
(6) submit to the Department in a timely manner all required records and reports properly executed;
(7) notify the Department at least 90 days in advance of moving his/her place of operation to a new location;
(8) allow authorized Department employees to inspect his/her wildlife rehabilitation operations and records at any reasonable time;
(9) participate in all training programs as may be required by the Department.
(b) Additionally, the wildlife rehabilitator may distribute, if appropriate, to persons who submit wildlife to them any material supplied by the Department relating to wildlife rehabilitation.
=sc Section 6. Termination of appointment.
(a) Appointment as wildlife rehabilitator shall be terminated by the commissioner after a hearing at any time, for any of the following reasons;
(1) the wildlife rehabilitator has ceased to meet the appropriate eligibility requirements for appointment as set forth in this Regulation;
(2) the wildlife rehabilitator has failed to perform duties as provided in this Regulation;
(3) conviction of any Fish and Wildlife Law in this state;
(4) conviction of any law relating to cruelty to animals.
(b) In cases where an appointment is terminated, the Department must hold a hearing upon written request of the wildlife rehabilitator within 20 days of written receipt of the written request. The Commissioner may: uphold the termination, or impose a period of probational approval of continued appointment.
=sc Section 7. Limitations.
(a) The wildlife rehabilitator permit is not an authorization for the handling of raptors or other wildlife requiring Federal permits, see section 7(e), nor is the permit a blanket authorization for the rearing of orphaned wildlife. Orphaned wildlife, except for threatened or endangered species, shall be immediately returned to the wild as soon as they can survive on their own.
(b) Big Game Animals. Rehabilitators will not attempt to rehabilitate any big game animal except as delineated below. (Big game animals are as defined by 10 V.S.A. § 4001.) Should the rehabilitator receive notification of an injured big game animal or receive an injured big game animal from any member of the public, the rehabilitator shall forthwith notify the nearest available State Game Warden. The State Game Warden shall handle the big game animal by either returning it to the wild, dispatching it in a humane manner, or, if the animal is a young of the year, he may allow the rehabilitator to possess the animal until it is well enough to be returned to the wild. If the officer feels the animal could survive if handled in this manner, the officer shall notify Fish and Wildlife Headquarters of the location and name of the licensed rehabilitator. The determination of whether a big game animal should be dispatched, because of its physical condition, is solely the responsibility of the
officer or officers involved, as indicated by 10 V.S.A. § 4749 relating to deer.
(c) The sale, trade, barter or giving away of any live or dead animal, or parts thereof, is prohibited.
(d) No human contact, other than the licensee, their assistants, and a licensed veterinarian is permitted, nor will any wildlife be viewed by the general public. This section does not preclude Fish and Wildlife Department Wardens or biologists from inspecting the captive animals in the performance of their duties.
(e) All rehabilitators wishing to handle raptors and threatened or endangered species must have the proper Federal and/or State permits in their possession prior to handling same.
(f) Records-submission. The wildlife rehabilitator shall submit such reports as required by the Commissioner. Such reports shall be filed with the Division of Law Enforcement in Waterbury, Vermont on a monthly basis indicating type of animal, reason for acceptance, name and address of individual submitting the animal and nature of injuries or illness.
=sc Section 8. Housing and feeding of wildlife.
Wild animals acquired and handled pursuant to this regulation shall be housed, fed and cared for as recommended by the biologists of the Fish and Wildlife Department and the rehabilitators' consulting veterinarian. (1989, Fish and Wildlife Board Reg. No. 977, eff. Feb. 1, 1989.)
§ 10
§ 10. Vermont endangered and threatened species rule
1.0 Authority
This rule is adopted pursuant to 10 V.S.A., chapter 123, § 5402(a), which provides that the Secretary "shall adopt by rule a state-endangered species list and a state threatened species list." Such list "may apply to the whole state or to any part of the state and shall identify the species by its most recently accepted genus and species name."
2.0 Purpose
The purpose of this rule:
(a) Is to identify and list which species of wild plants and animals are considered by the Secretary to be endangered and threatened in Vermont so that they may be protected under the law.
(b) Implements the legislative policy of the enabling statutes (1981, No. 188 (Adj. Sess.), § 1) which provides:
"(a) The state of Vermont recognizes the value, which plants, fish and wildlife in their natural environment have for public enjoyment, ecological balance, and scientific study. The state also recognizes the need for protection and preservation of these species and for encouragement of public understanding regarding the desirability of these protection and preservation efforts.
"(b) By passage of this act, the general assembly intends to declare as state policy; that species of wildlife and wild plants normally occurring within this state which may be found to be threatened or endangered within the state should be accorded protection as necessary to maintain and enhance their numbers; that the state should assist in the protection of species of wildlife and wild plants which are determined to be "threatened' or "endangered' elsewhere pursuant to the federal Endangered Species Act; and that adequate federal funding for the conservation of threatened and endangered species may be made available to the agency of environmental conservation under Public Law 96-366 and other laws.
"(c) The general assembly further intends to allow for the orderly development of the state without undue hardship being caused by the provisions of this act providing for the power of issuing variances."
3.1 Endangered Species are those species whose continued existence as viable components of the state's wild flora or fauna is determined to be in jeopardy.
3.2 Threatened Species are those likely within the foreseeable future to become endangered.
3.3 Secretaryis the Secretary of the Agency of Natural Resources except where otherwise specified.
4.0 Procedures
4.1 No person shall take or possess (as defined in 10 V.S.A. § 5401(13) and (14)) an endangered or threatened species, except when exempted as provided for in 10 V.S.A. § 5408.
4.2 Permits per 10 V.S.A. § 5408(a) may be granted by the Secretary only if the taking of an endangered or threatened species is:
4.2.1 For scientific purposes, or
4.2.2 To enhance the propagation of species, or
4.2.3 To prevent or mitigate economic hardship, or
4.2.4 For zoological exhibition, or
4.2.5 For educational purposes, or
4.2.6 For special purpose consistent with the purpose of the Federal Endangered Species Act (see 16 USCA § 1531(b)).
4.3 Permission may be requested for exceptions to requirements pursuant to 10 V.S.A. § 5408, according to the following steps:
4.3.1 The petitioner submits a completed (as determined by the Secretary), written application for a permit to the Secretary, specifying for which purpose(s) the permit is required, as listed in 10 V.S.A. § 5408(a). The application shall include all information deemed necessary by the Secretary to properly evaluate the application, including a description of the possible impacts due to the proposed action, and plan for conservation or mitigation. The fee required by 10 V.S.A § 5408(f), shall accompany the application.
4.3.2 Within 30 days of receipt of the completed application, the Secretary shall inform the petitioner of the decision.
4.3.3 Hearing: The Secretary may defer the decision beyond 30 days if it is deemed necessary by the ESC to conduct a non-adversarial, public hearing in order to properly evaluate the application. Such hearing will be held within 60 days of the receipt of the application.
4.3.3.1 In situations where a petition has been denied and no public hearing has yet been held, the petitioner may request in writing to the Secretary that a hearing be held regarding the proposed activity. The Secretary will conduct a hearing within 30 days of receipt of the request (or within another timeframe to which the petitioner agrees), and provide the petitioner, the ESC (including the Commissioner of Fish and Wildlife), and other affected parties 20 days notice prior to holding the hearing.
4.3.3.2 The Secretary shall inform the petitioner of the decision within 20 working days following the closing of the hearing, unless the decision is extended for good cause.
4.3.4 The ESC and/or the Secretary may at any time communicate with the petitioner, to clarify issues or gain information.
4.3.5 The Secretary may require, as part of an issued permit, conditions for the protection and conservation of endangered species, per 10 V.S.A. § 5403(a) and 10 V.S.A. § 5408(a).
5.1 The following persons are exempt from provisions of the rule:
5.1.1 One holding a permit from the federal government or any other state to transport members of an endangered or threatened species from a point outside Vermont to another point within or without this state.
5.1.2 One possessing wildlife or wild plants which are not determined to be endangered or threatened under the Federal Endangered Species Act where the possessor is able to produce substantial evidence that the wildlife or wild plants were first taken or obtained in a place without violating the law of that place.
5.1.2.1 Owners of commercial nurseries who sell endangered and/or threatened species obtained legally elsewhere or propagated from stock obtained prior to passage of Act 188 in 1981, shall be exempted by a certificate issued by the Secretary, reviewed and approved at the Secretary's discretion. Such certificate shall be issued upon request and satisfactory documentation provided by the nursery owner that the plants were obtained or propagated legally.
5.1.2.2 Any nursery selling endangered or threatened species as described above, shall instruct the purchaser to maintain receipt as proof of legality of possession.
5.1.3 One engaging in normal agricultural or silvicultural practices (the rule shall not cause "undue interference" with such practices).
6.1 The following list of plants and animals is adopted as the Vermont Endangered and Threatened Species List pursuant to 10 V.S.A., chapter 123. Any changes to the list must be adopted by the Secretary by rule. Changes may be proposed directly by the Secretary upon request by a person in accordance with 3 V.S.A. § 806.
________ *Date listed: 1 = 04-13-87 2 = 07-30-88 3 = 06-23-89 4 = 11-09-91 5 = 12-07-94 6 = 03-18-99 7 = 04-23-05 8 = 02-16-11 9 = 07-15-11 A = listed as threaten on 04-13-87 B = listed as threaten on 12-07-94 C = listed as threaten on 06-23-89 *Synonym - indicates a name change from the previous Vermont Endangered and Threatened Species list
(Added 1989, Regulation of the Secretary Agency of Natural Resources, eff. June 23, 1989; amended 1991, Regulation of the Secretary of Agency of Natural Resources, eff. Nov. 9, 1991; amended 1995, Regulation of the Secretary of Agency of Natural Resources, eff. Dec. 7, 1994; amended 1999, Regulation of the Secretary of Agency of Natural Resources, eff. Mar. 18, 1999; 2005 Regulation of the Secretary of Agency of Natural Resources, eff. April 28, 2005; 2011 Regulation of the Secretary of Agency of Natural Resources, eff. July 15, 2011.)
§ 11
§ 11. Falconry
=sc Section 1. Purpose (10 V.S.A. § 4278).
The sport of falconry requires participants to possess certain skills and knowledge in order to conserve the raptor resource. This regulation establishes specific requirements for ensuring that holders of falconry permits are properly qualified and that the birds in the possession of a permittee are legally acquired and appropriately cared for. This regulation further defines required raptor housing facilities and falconry equipment, legal means of taking, lawful species, ages and members of raptors to be taken and possessed, banding requirements, and other restrictions on the practice of falconry.
=sc Section 2. Definitions.
For purposes of this part:
(a) "Commissioner" means the Commissioner of the Department of Fish and Wildlife or his/her designee.
(b) "Department" means the Department of Fish and Wildlife.
(c) "Permit" means a permit to take and possess raptors and to practice the sport of falconry issued pursuant to Fish and Wildlife Law, 10 V.S.A. § 4278(b).
(d) "Falconry" means the sport of hunting by use of trained raptors, including the training, feeding and handling of such raptors and their recapture after being released for hunting or training.
(e) "Raptor" means all species and hybrids of the orders Strigiformes (owls) and Falconiformes (hawks and falcons).
(f) "Sponsor" means a currently permitted General or Master Falconer, permitted by the Federal Government and Vermont or another state, who has agreed to advise and train a holder of an Apprentice permit.
(g) "USFWS" means U.S. Fish and Wildlife Service.
=sc Section 3. Qualifications for Appointment.
(a) An applicant for a falconry permit must:
(1) be at least fourteen (14) years old and a resident of Vermont;
(2) not have a license under revocation for violation of any Fish and Wildlife Law;
(3) submit to the Department, on a form prepared and furnished by the Department, a written application for a falconry permit, to include:
(a) name, address, telephone number, date of birth and location of the raptor housing facilities;
(b) the number of raptors the applicant possess at the time the application is submitted, including the species, age (if known), sex (if known), date of acquisition, and source of each;
(c) the class of permit requested, including the name, address, and signature of sponsor, if required;
(d) a listing of falconry permits previously held;
(e) an account of experience and training in falconry;
(f) an original, signed certification by the applicant concerning the validity of the information, or the signature of a parent or guardian if the applicant is under the age of 18 years;
(4) complete a supervised written examination as described in Section 6;
(5) possess suitable raptor housing facilities and equipment that have been certified by the Department to meet the standards as described in Section 7;
(6) submit to the Department a permit fee in accordance with Section 4(a).
(b) The Commissioner shall issue a permit to an applicant who meets the requirements in Section 3(a) and Sections 4, 5, 6, and 7.
=sc Section 4. Permit Terms.
(a) Term of permit. A Vermont falconry permit is issued for three (3) years, unless amended or revoked, upon payment of a fee specified in 10 V.S.A. § 4278. A permitted Apprentice or General Falconer may apply for a permit of higher class while possessing an unexpired permit without paying additional Department fees. A falconry permit issued under this regulation will consist of Department cosignature on a federal falconry permit with appropriate fee payment to the USFWS. Federal applications are available through the Department and the USFWS. The permit will not be valid without signatures from the Department and the USFWS.
(b) Compliance. Permittees shall comply with all terms under this regulation and all terms under federal falconry standards issued by the USFWS pursuant to 50 CFR 21, including proper filing of federal Migratory Bird Acquisition and Disposition Reports (Form 3-186A). Copies of all federal report forms shall be forwarded to the Department.
(c) Revocation of permit. The Commissioner may revoke a permit and seize raptors held under the permit if the Commissioner finds that the permittee:
(1) failed to properly and humanely care for the raptors held under the permit;
(2) allowed the raptors held under the permit to become a public nuisance;
(3) failed to comply with any of the terms or conditions of the falconry permit.
Raptors seized under this section shall be released to the wild, transferred to another permittee or used in a manner authorized by the Commissioner.
=sc Section 5. Classes of Permits.
Permits shall be issued in three classes (Section 5(a)-(c)) based upon the age and experience of the applicant.
(a) Apprentice. Holders of an Apprentice permit shall:
(1) be at least fourteen (14) years old;
(2) obtain a sponsor who will consent to train and advise the permittee for a minimum of twenty (20) hours annually for the first two (2) years;
(3) notify the Department in writing within ten (10) days after their sponsorship has been withdrawn for any reason, and notify the Department within ten (10) days of obtaining a new sponsor.
(b) General. Holders of a General permit shall:
(1) be at least eighteen (18) years old;
(2) have a minimum of two (2) years experience in the practice of falconry at the Apprentice level or its equivalent, to be verified in writing by a sponsor of the applicant who also recommends applicant for a permit; or verification via a state or federal agency that has previously issued a permit to the applicant; or by other proof deemed appropriate by the Commissioner.
(c) Master. Holders of a Master permit shall:
(1) have a minimum or five (5) years experience in the practice of falconry at the General class level or its equivalent, to be verified in writing by a state or federal agency that has previously issued a permit to the applicant, or by other proof deemed appropriate by the Commissioner.
(d) Sponsor. Holders of a General or Master permit may sponsor nor more than three (3) apprentice permittees at any one time.
=sc Section 6. Examination Requirements.
Applicants for an Apprentice, General or Master falconry permit must successfully complete a supervised written examination relating to basic biology, care, and handling of raptors. Such examinations shall be provided by the Department and offered at a state approved site. Successful completion constitutes a minimum score of eighty (80) percent. If failed, applicants may not retake the examination in less than two (2) months. Any falconer holding a valid falconry permit from another state will have the written examination requirement waived when applying for their Vermont falconry permit.
=sc Section 7. Facilities and Care.
(a) Facilities. The applicant shall have the following raptor housing facilities which provide for protection from the environment, predators, and undue disturbance:
(1) Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility. If more than one raptor is to be kept in a mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body, and a secure door that can be easily closed. The floor of the mews shall permit easy cleaning and be well drained. Adequate perches shall be provided.
(2) Outdoor facilities (weathering areas) shall be fenced and covered with netting or wire, or roofed to protect the birds from disturbance and attack by predators, except that perches more than 6 1/2 feet high need not be covered or roofed. The enclosed areas shall be large enough to insure the birds cannot strike the fence when flying from the perch. Protection from excessive sun, wind, and inclement weather shall be provided for each bird. Adequate perches shall be provided.
(b) Equipment. The applicant shall have the following equipment in their possession:
(1) Jesses. At least one pair of Aylmeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown free.
(2) Leashes and swivels. At least one leash and one strong swivel of acceptable falconry design.
(3) Bath container. At least one suitable container for each raptor, two to six inches deep and wider than the length of the raptor, for drinking and bathing.
(4) Outdoor perches. At least one weathering are perch of an acceptable design for each raptor.
(5) Weighing device. A reliable scale or balance suitable for weighing the raptor(s) held, and graduated to increments of not more than 15 grams (1/2 ounce).
(c) Maintenance. All facilities and equipment shall be kept at or above the preceding standards at all times.
(d) Food. Adequate food shall be provided at appropriate intervals for each raptor according to its age and condition. Adequate food shall mean sufficient quantity of nutritional value sufficient to maintain a minimal subsistence level. All foods shall be served in a clean and sanitary manner.
(e) Medical care. Qualified medical care shall be available. The permittee shall provide the Department with a written statement from a veterinarian stating his/her qualifications and a willingness to work with raptors.
(f) Transportation and temporary holding. A raptor may be transported or held in temporary facilities providing adequate perching and protected from extreme temperatures and excessive disturbance, for a period not to exceed thirty (30) days, as provided in Section 12(c).
(g) Inspection. Permit applicants shall allow a representative of the Department to inspect their facilities, equipment, and raptors for compliance with permit standards. Certification of compliance shall be made by the Department before a permit may be granted. Subsequent inspections may be made at reasonable hours of the day by a representative of the Department, as deemed necessary.
=sc Section 8. Capture Limitations.
Permitted falconers may capture raptors according to the following limitations.
(a) First-year (passage) birds. Red Tailed and Goshawks may be captured from 1 September through 25 January, inclusive, by use of traps, nets and snares which are humane in their operation and use. It is illegal to use steel-jawed traps, gins, pole traps or jump traps. Capture devices shall be identified legibly with an attached tag bearing the permittee's name and address. Only Red Tailed and Goshawks in juvenile plumage may be removed from the wild. All raptors not retained for the purpose of falconry shall be immediately released.
(b) Nesting birds. May not be taken.
(c) Landowner permission. Prior to setting any trap or taking any Red Tailed or Goshawk, a permittee shall obtain permission from the owner of the property where the activity will occur.
(d) Land closure. The Commissioner may close any area of the state to the taking of raptors.
(e) Recapture of escaped raptors. Permittees may recapture escaped raptors that were legally acquired and held. Such birds may be recaptured by legal means at any time by the permitted falconer who last possessed the escaped bird.
=sc Section 9. Species and Possession Limits.
(a) Permit class restrictions.
(1) Apprentice permittees may not possess more than one (1) raptor and may not obtain more than one raptor for replacement from all sources during any twelve (12) month period.
(2) General permittees may not possess more than two (2) raptors and may not obtain more than two (2) raptors for replacement from all sources during any twelve (12) month period.
(3) Master permittees may not possess more than three (3) raptors and may not obtain more than two (2) raptors taken from the wild during any twelve (12) month period. Master permittees may obtain no more than three (3) raptors from all sources during any twelve (12) month period.
(b) Species restrictions.
(1) An apprentice permittee may possess Red Tailed Hawks taken from the wild. Capture of said Red Tailed Hawks may occur only under the supervision of the sponsor.
(2) General or Master permittees may take and possess raptors according to the following limitations:
(a) Nesting birds. May not be taken.
(b) Passage birds. Only Red Tailed Hawks and Goshawks may be taken from the wild.
(c) Captive-bred birds. All raptors born and raised beyond two (2) weeks in captivity may be possessed according to the following limitations:
There shall be complete and accurate records of all transactions conducted under this clause, including the name, address, and permit number of the transferee; the day, month, and year of the transaction or disposition; the sale price or other consideration involved in the transaction or disposition; the sale price or other consideration involved in the transaction or disposition; and the species, sex, age, origin, and pedigree (lineage) of the raptor or raptors involved.
(d) Raptors taken for other purposes. Raptors of any age captured under depredation or special use permits, or seized under Section 4(c) may be acquired and possessed in any number not to exceed the possession limit of a permittee.
=sc Section 10. Importation, Exportation, Sale, Trade and Release of Raptors.
(a) Importation. Raptors brought into Vermont may be imported only under the authority of an importation permit from the Commissioner to a permitted falconer in accordance with 10 V.S.A. § 4709. Importation permits shall not be issued for the possession of species which are specifically prohibited by these regulations, by laws of the exporting state, or by regulations of the federal government. Nonresident falconers may temporarily bring their raptors into Vermont, provided they have completed federal form 3-186A or valid permit from another state for each bird being transported.
(b) Exportation. Raptors taken as passage birds from within Vermont shall not be permanently transferred or exported to another state without written authorization from the Commissioner. A permittee moving from Vermont to another state must obtain written authorization from the Commissioner to permanently take their legally-held native raptors to another state. A permittee temporarily transporting their birds from Vermont to another state shall have on their person their Vermont falconry permit and a completed federal form 3-186A for each bird being transported.
(c) Sale of raptors. A permittee may not sell, purchase, barter, or offer to sell, purchase or barter any raptor taken from the wild. (10 V.S.A. § 4902).
(d) Transfer. A permittee may transfer a legally-held raptor to another permittee according to the restrictions in Section 9. A completed federal form 3-186A is required for each transaction, with a copy forwarded to the Department within five (5) days.
(e) Release.
(1) (1) Native raptors. Raptors that are capable of surviving for an extended period in the wild may be intentionally released. The markers from such birds shall be removed and surrendered to the Department, and a standard federal bird band shall be attached in their place by the Department or a federally-permitted bird bander whenever possible. Native raptors that are not longer capable of surviving for an extended period in the wild shall be treated according to the following options:
(a) The raptor may be transferred to an approved educational facility, or to a breeding or rearing facility, such recipients in Vermont shall apply for and hold a scientific collection permit for the transferred wild animal.
(b) The raptor may be transferred to a licensed wildlife rehabilitator to serve as a surrogate parent or sibling (10 V.S.A. § 4152) provided that prior approval of the USFWS is obtained.
(c) The raptor may be euthanized in a humane manner that minimizes pain and stress, and the carcass disposed of either by donation to a public scientific or educational organization permitted to receive wild animals, or by burial or incineration.
=sc Section 11. Reporting Requirements.
(a) Written report. The loss or addition of any raptors held under a falconry permit shall be reported to the USFWS using form 3-186A (all 4 copies) and to the Department by sending a reproduced copy of form 3-186A within five (5) days of any such transaction. Such losses or additions shall include any takings, purchases, deaths, transfers, and dispositions of raptors held under a permit.
(b) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is accompanied at all times by the properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession.
(c) Raptor propagation and activities associated with it are regulated under 50 C.F.R. Part 21.30 and 10 V.S.A. § 5207. Requirements of both permitting entities must be met.
=sc Section 12. Hunting with Raptors.
(a) License requirements.
(1) Any resident hunting with a raptor in Vermont must possess a valid falconry permit and a valid Vermont hunting or combination fishing and hunting license. Any person hunting migratory waterfowl must also possess both a Vermont and Federal Migratory Waterfowl Hunting Stamp.
(2) Any nonresident hunting with a raptor in Vermont must possess a valid falconry permit from their state of residence and a valid Vermont out-of-state hunting or combination fishing and hunting license. Any nonresident hunting migratory waterfowl must also possess both a Vermont and Federal Migratory Waterfowl Hunting Stamp.
(3) A falconer whose raptor kills wildlife that is out of season or of the wrong species or sex shall leave the dead wildlife where it lies, except that the raptor may feed upon the wildlife prior to leaving the site of the kill.
(b) Hunting restrictions. Permitted falconers shall abide by current Vermont hunting laws when pursuing wildlife using a trained raptor. (1995, Fish and Wildlife Commissioner's Reg. No. 1006, eff. Aug. 27, 1994.)
§ 12
§ 12. Leashed tracking dogs
Section 1. Definitions:
For the purposes of this rule:
(a) "Department" means the Vermont Department of Fish and Wildlife.
(b) "Leashed tracking dog" means a dog which is used to track and find dead, injured, or wounded big game pursuant to a license issued in accordance with this rule. The dog must be licensed as required by subchapter 2 of chapter 193 of Title 20.
(c) "Licensed" means a leashed tracking dog certificate issued pursuant to this rule, authorizing use of leashed tracking dogs as specified in this rule.
(d) "Licensee" means a person who is the holder of a leashed tracking dog license.
(e) "Physically incapacitated" means incapable of participating in the hunt due to physical injury.
(f) "Dispatch" means to humanely kill.
(g) "Big game animal" means deer and bear only.
Section 2. Prohibition:
Except as permitted by 10 V.S.A. § 4701and section 4 of this rule, no person may use a dog to track dead, wounded or injured big game. Law enforcement officials acting in the performance of their official duties are exempt from the provisions of this rule.
Section 3. Leashed tracking dog license:
A leashed tracking dog license issued by the Department entitles the licensee to:
(a) Use leashed tracking dogs, during the day or at night to track and find dead, wounded or injured big game during all big game seasons and the 24 hour period immediately following the last day of a big game season.
(b) Dispatch wounded or injured big game animals which have been tracked and found in accordance with and pursuant to the conditions of such license.
(c) Temporarily possess a big game animal which has been dispatched by the licensee, or reduced to possession by the licensee, until lawfully tagged or until delivered to a State Game Warden pursuant to the conditions of the license.
Section 4. Leashed tracking dog license; conditions:
(a) A big game hunter who has killed, wounded or injured, or reasonably believes he or she has killed, wounded or injured, a big game animal during a big game season may engage a licensee to track and recover the animal. If the hunter is physically incapacitated, the licensee may track and dispatch the animal if the licensee is personally carrying a written signed instrument from the hunter listing (1) the date, (2) the hunter's name, address, telephone number and big game license number, and (3) a statement that the hunter has engaged the licensee to track the animal, and that the hunter has killed, wounded or injured such animal, and that the hunter is unable to accompany the licensee because of physical incapacitation.
(b) No person other than the licensee or, during legal hunting periods, the big game hunter who has engaged the licensee when specifically so authorized by the licensee, may carry a firearm or bow of any description while tracking dead, wounded or injured big game pursuant to this rule.
(c) During legal hunting periods, the hunter who has engaged the licensee must dispatch the wounded or injured big game animal when found by the licensee by means which are lawful during the season in which it was wounded or injured and in a lawful manner reduce the animal to legal possession. However, the licensee must dispatch the wounded or injured animal if the legal hunting period has ended, when the hunter is not present, or, when in the judgment of the licensee it is unsafe or otherwise inappropriate for the hunter to do so.
(d) The licensee may use a handgun of no less than .35 caliber with a barrel length of not less than four inches to dispatch a wounded or injured big game animal, and during the 24 hour period immediately following the last day of a big game season, provided that the licensee complies with all other provisions of federal, state and local laws and regulations concerning possession and discharge of firearms and the conditions of a license granted under this rule.
(e) Before tracking a dead, wounded or injured animal, the licensee must notify, by telephone or in person, the State Game Warden assigned to the area. If the warden is unavailable, his or her immediate supervisor will be notified. Notification must include the 1) name of the licensee, 2) name, address, telephone number, and big game license number of the big game hunter engaging the licensee, 3) general location of the wounded or injured animal, and 4) the name of the owner(s) of the land where the search will be conducted.
(f) The licensee must maintain physical control of the leashed tracking dog(s) at all times while conducting activities subject to this rule by means of a lead attached to the dog's collar or harness. This lead must be at least twelve (12) feet in length.
(g) After a big game animal has been dispatched, the licensed hunter must immediately tag the carcass as required by Section 2a of part 4 Title 10 Appendix. If the hunter is physically incapacitated, the hunter must immediately tag the carcass upon delivery of the animal by the licensee. If the hunter is unavailable the licensee must report the incident to and deliver the animal to a State Game Warden or the State Game Warden's immediate supervisor.
(h) The licensee must personally carry a current big game license and a valid leashed tracking dog license when conducting activities pursuant to this rule.
(i) The licensee must notify the department in writing, of any change of address within 30 days of that change of address.
(j) The licensee must submit to the department a written request for license renewal within the 30 days prior to the expiration of such license.
(k) The licensee must submit an annual report to the Commissioner within 15 days of the close of the last yearly big game season, which shall give all dates, locations and outcomes of tracking incidents as well as the name, address and hunting license number of each hunter and name of each State Game Warden contacted in each case.
Section 5. Leashed tracking dog license qualifications:
The applicant for a license must:
(a) Provide proof of possession of a current Vermont big game hunting license;
(b) Not have been convicted of, or pled guilty to, an offense under the Fish and Wildlife Law, within the previous five years which resulted in a revocation of the person's big game, hunting, or archery license;
(c) Submit a non-refundable application fee of $25.00 and a completed application to the Department prior to taking the written examination;
(d) Receive a grade of 80 percent or higher on a written examination administered by the department. The examination will be offered at least once a year and will test the applicant's knowledge of Fish and Wildlife law and regulations, dog training and handling methods and other areas of knowledge as deemed appropriate or relevant by the Commissioner.
Section 6. Leashed tracking dog license; issuance:
(a) Applicants and licensees shall pay the following fees:
(1) Initial license/-resident/-$100
non-resident - $200
(2) Renewal/-resident/-$125.00
non-resident - $225.00
(b) A license is valid for five years from the date of issuance.
(c) A license is valid only for the individual identified on the license and is not transferable.
(d) A licensee who fails to renew his/her license within one year of the date of expiration must reapply and meet all the qualifications set forth in Section 5 of this rule.
(e) The Department may place special conditions on the license which it deems appropriate or necessary. The Department may also waive or dispense with any requirement of this rule when the Department deems it to be in the public interest to do so.
Section 7. Leashed tracking dog license; suspension or revocation:
A license issued pursuant to this rule shall be revoked concurrently with all other licenses upon conviction of a violation of Vermont Fish and Wildlife law pursuant to 10 V.S.A. § 4502. (1996, Fish and Wildlife Commissioner's Reg. No. 1015, eff. Sept. 5, 1996.)
§ 13
§ 13. Regulations for operating regulated shooting grounds
1. A regulated shooting ground shall be at least 200 acres in area, on lands that the Commissioner deems suitable for the purpose. The land shall be enclosed as prescribed in 10 V.S.A. § 5218, and the notices prescribed therein shall contain the words: "Regulated Private Shooting Ground, Special Regulations in Effect." The permittee may further include notice of such restrictions as they may desire as to trespassing. Such notices shall not be less than 18 inches long by one foot wide.
2. Permits will be issued to operate a regulated shooting ground for the following species only: mallard ducks, pheasant, quail, chukar partridge, and Hungarian partridge.
3. All birds release on regulated shooting grounds shall be at least 10 weeks old when released and raised on the premises, legally acquired from licensed breeders, or imported as provided in 10 V.S.A. § 4709.
4. The permittee shall keep a current record of the birds taken, which shall include the name and address of the person taking such birds, their hunting license number, the kind and number of birds taken, and the date of taking. Each hunter will receive a signed and dated receipt from the permittee showing the number and species of birds in possession.
5. The open season for taking game birds under these regulations shall be from January 1st to December 31st, both dates inclusive.
6. Annually within 40 days of the end of such season, the permittee shall file with the Fish and Wildlife Department a notarized report of the number and species of birds released, name of the breeder from which they were acquired, date released and the records as provided in paragraph 4.
7. Except as specially provided in this regulation, all laws and fish and wildlife regulations shall be in effect on regulated shooting grounds. (1964, Fish and Game Commissioner's Reg. No. 690, eff. May 30, 1964; 1984, Fish and Game Commissioner's Reg. No. 690, eff. March 17, 1984; 1990, Fish and Wildlife Commissioner's Reg. No. 690, eff. Jan. 5, 1991.)
§ 14
§ 14. Posting against hunting, fishing or trapping
Pursuant to 10 V.S.A. § 5201(b) the Fish & Wildlife Commissioner specifies that signs prohibiting the taking of fish or wild animals or trapping on land posted against such activity by the person or persons having the exclusive hunting, fishing and trapping rights thereto shall be as follows:
(1) of a size not less than 11 1/2" wide by 8" high;
(2) lettering and background must be of contrasting colors;
(3) contain the wording that hunting, fishing or trapping or any combination of the three are prohibited or forbidden;
(4) shall not be considered void if other language is added to the sign that is not covered by section 5201, as long as a reasonable person would understand that hunting, fishing or trapping are prohibited or forbidden. (1968, Fish and Game Commissioner's Reg. No. 762, eff. April 24, 1968; amended 1996, Fish and Wildlife Commissioner's Reg. No. 762, eff. Sept. 5, 1996.)
§ 15
§ 15. Use of tree stands and ground blinds on wildlife management areas
1. Permanent tree stands and ground blinds are prohibited on state-owned Wildlife Management Areas.
2. Temporary tree stands and ground blinds are permitted on state-owned Wildlife Management Areas under the following conditions:
A) Tree stands and ground blinds may be erected and used without written permission from the Department during the time period from the third Sunday in August through the third Saturday in December annually, both dates inclusive.
B) Tree stands and ground blinds may be erected and used at other times of the year with advance notice to, and written permission from, the Department's District office staff responsible for managing and administering state land in the District in which the land is located.
C) Tree stands and ground blinds used on Wildlife Management Areas must be constructed and erected in such a way that:
I. No damage is done to any living tree in erecting, maintaining using or accessing the stand or blind except that:
a) dead limbs, trees or shrubs may be removed as needed to erect and use the stand or blind, and
b) no live limbs, trees or shrubs may be cut for any purpose except those one inch or less in diameter at either ground level or from the main stem or branch of the tree where the stand or blind is located as appropriate (for guidance, a United States quarter is .9 inch in diameter and,
c) no nails, bolts screws (including access steps), wire, chain or other material that penetrates through a living tree's bark into the wood below shall be used in erecting any stand or blind, and
d) all tree stands or ground blinds used on Wildlife management Areas must be clearly permanently and legibly marked with the owner's name and address. Marking shall be legible and placed in a manner that enables a person to conveniently and easily read it.
3. Tree stands and ground blinds that do not conform to this regulation are prohibited and may be confiscated and/or destroyed by the Department. Building, erecting maintaining , using or occupying a non-conforming tree stand or ground blind is prohibited. (1998, Fish and Wildlife Commissioner's Reg. No. 1024, eff. Sept. 8, 1998.)
§ 16
§ 16. Suspension of licenses: Enforcement of child support orders, 15 V.S.A. 798
(1) For the purposes of this rule the term "license" shall include any and all licenses and permits issued by the Vermont Fish & Wildlife Department.
(2) Upon receipt of a license suspension order issued by the court pursuant to 15 V.S.A. § 798, a suspension notice shall be issued to the license holder. The license holder shall have 15 days to contest the suspension based on the grounds of mistaken identity or compliance with the support order. If the suspension is not contested, the suspension will be effective on the 16th day as provided in the notice and the license shall be forwarded to the Law Enforcement Division of the Fish & Wildlife Department, 103 South Main Street, Waterbury, VT.
(3) All notices of compliance with a child support order shall be upon a standard compliance form, as devised and approved by the court, the Vermont Agency of Human Services, Department of Children and Families, and this Department.
(4) If the motion for the court order was brought by the Vermont Agency of Human Services, Department of Children and Families, then notice of compliance shall only be accepted from the Vermont Agency of Human Services, Department of Children and Families or the court.
(5) If the motion for the court order was brought by the custodial parent, then notice of compliance shall be accepted from the custodial parent, custodial parent's attorney, or the court.
(6) If the notice of compliance was dated before the effective date of the suspension, the suspension shall be canceled.
(7) Upon notice of reinstatement from the court, the Department shall reissue the suspended license and notify the individual of such within five (5) working days of the receipt of the notice. The Department shall charge a reinstatement fee equal to the cost of the original license.
(8) Department personnel shall direct all inquires from persons seeking reinstatement to the court or the Vermont Agency of Human Services, Department of Children and Families, if Vermont Agency of Human Services, Department of Children and Families was the entity which brought the motion for suspension before this court. (1998, Fish and Wildlife Commissioner's Reg. No. 1026, eff. Dec. 19, 1998.)
§ 17
§ 17. Rule governing the importation and possession of deer or elk from chronic wasting disease endemic areas and captive hunt or farm facilities
1.0 Authority
This rule is promulgated pursuant to 10 V.S.A. § 4081. In promulgating this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the regulated species and other necessary or desirable species which are related to the regulated species.
This rule applies to importation and possession of deer or elk carcasses or the parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities.
This rule shall apply to all persons who import, possess, transport, use, or deal with deer or elk carcasses, or parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities.
2.0 Purpose
The purpose of this rule is to:
a) ensure the conservation of the wildlife in the state, and
b) maintain the best health of native cervidae of the state, and
c) prevent the introduction or spread of a disease that is potentially harmful to humans and wild species.
3.0 Permitted Activities and Restrictions
• The importation or possession of deer or elk carcasses, or the parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities is prohibited except as provided below:
a) Meat that is cut up and packaged, and not mixed with other deer or elk during processing.
b) Meat that is boneless.
c) Hides or cape with no part of the head attached.
d) Clean skull-cap with antlers attached.
e) Antlers with no other meat or tissue attached.
f) Finished taxidermy heads.
g) Upper canine teeth with no tissue attached.
All hunters shall identify their deer and elk with their non-resident license information in accordance with section 2a of this title.
4.0 Chronic Wasting Disease Endemic Areas
• The department shall provide a list of chronic wasting disease endemic areas and shall update the list as areas are added or deleted.
• The list shall be available on the department's web site, from the department's headquarters and from the department's district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.
Captive Hunting or Farm Facilities Defined
• Captive Hunting Facilities are any facilities with captive deer or elk held in a fenced or walled enclosure for the purpose of taking by hunting.
• Farm Facilitiesare any facilities with captive deer or elk held in a fenced or walled enclosure and are raised for meat, hides, antlers or other products.(Added 2003, Fish and Wildlife Board Reg. No. 1100, eff. June 4, 2003.)
§ 18
§ 18. Governing the importation and possession of wild animals, excluding fish
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a) and (b) which authorizes the board to carry out the purposes of protecting the state's wildlife, and 10 V.S.A. § 4709 which regulates the importation and possession of wild birds and animals in the state and establishes a permit application fee, and 10 V.S.A. § 4152 establishes scientific and education collection permits.
2.0 Purpose
2.1 It is the purpose of this regulation to carry out the mandate of the Vermont general assembly to control through a permit program the importation and possession of wild animals in Vermont as provided in 10 V.S.A. § 4709. It is the purpose of this statute and its regulations to protect the health, safety and welfare of animals, both wild and domestic, to prevent damage to agriculture and livestock, and to protect the health, safety and welfare of human inhabitants of the state of Vermont.
3.0 Definitions
3.1 Wild Animals or Wildlife - All animals, including mammals, birds, amphibians and reptiles, excluding fish and those animals defined by the secretary of agriculture food and markets by rule as pets and those defined as domestic under paragraph 3.2 of this rule. Included in this definition is any part, product, egg, offspring, dead body, or part of the dead body of any such wildlife. Wildlife includes all subspecies of wildlife and any other group of wildlife of the same species, the members of which may interbreed when mature, including any hybrid species except wolf-hybrids. Wild animals taken or possessed, or reared in captivity remain wild animals and are not domestic or tame animals.
3.2 Domestic Birds and Animals - The department shall provide a list of domestic animals and shall update the list as needed, adding or deleting animals as necessary. The list shall be available on the department's web site, from the department's headquarters and from the department's district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.
3.3 Board - Vermont fish and wildlife board
3.4 Department - Vermont fish and wildlife department
3.5 Commercial - To sell, have sold, or offer for sale as defined in 10 V.S.A. § 4001(22); barter, exchange and offering or exposing for sale; and possession with the intent to sell, import, or export.
3.6 Commissioner - fish and wildlife department commissioner as defined in 10 V.S.A. § 4001(27).
3.7 Dealer - Any person, who commercially buys or sells any wild animal, as defined in 3.5.
3.8 Unrestricted Wild Animals - Those species determined not to conflict with the purposes of this regulation.
3.9 Native Wildlife - Native to the state of Vermont, either historically or at present.
4.0 Imporation or possession of wild animals
4.1 Except as otherwise provided by law, it is unlawful for any person to bring into or possess in the state of Vermont any live wild animal, or live ovum or semen thereof, of any kind, unless upon application in writing, the person obtains from the commissioner a permit to do so; or the species of animal, ovum, or semen is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.
4.2 The importation and possession of dead wild animals, in accordance with all laws and regulations applicable in Vermont or the place of origin, for personal use are exempt from this regulation.
4.3 The importation, possession and regulation of pests and beneficial organisms regulated by the secretary of agriculture, food and markets is exempt from this regulation.
5.0 Permits
5.1 Dealer's Permit
All commercial dealers in Vermont, including, but not limited to pet shop owners, persons raising frogs for sale as institutional experimental animals, and all persons who import, export, and/or sell wild birds and animals must first obtain a valid Dealer's Permit from the department.
Except as provided herein, the cCommissioner shall not issue a permit for the keeping or possession of any wild animal in captivity, except for bona fide scientific or educational purposes as permitted by (10 V.S.A. § 4152).
For purposes other than importation and possession for bona fide research and educational purposes, the commissioner shall not issue a permit unless it has been determined that the wild animal or wildlife proposed to be brought into or possessed in the state does not conflict with the purpose of this regulation. The commissioner shall establish a list of Unrestricted Wild Animals that do not conflict with the purpose of this regulation, are commonly sold in the pet trade, and do not require an Importation and Possession Permit from the department.
The Unrestricted Wild Animals List will consist of those species that are determined to be no threat to the state's native wildlife, minimal threat to human health and safety, and suitable as pets for the residents of the state. This list is expected to be revised periodically by the Commissioner depending on recent pet trade trends, disease, and health issues. The list shall be posted on the department website and made available at the department's central and district offices.
In accordance with 10 V.S.A. § 4152, the commissioner may issue permits to collect birds, their nests and eggs and wild animals, or their parts thereof, for public scientific research, educational purposes, art, or photography.
Any person who collects any wild animal within the boundaries of the state of Vermont and sells said wild animal must obtain a Commercial Collection Permit from the department.
Any person importing or possessing any wild animal for the purposes of temporary exhibition must obtain from the commissioner a permit to do so; unless the species is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.
Any person breeding and propagating wild birds and animals in accordance with 10 V.S.A. § 5207 must obtain from the commissioner a license to do so; unless the species is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.
6.0 Permit Application
6.1 Applications for a permit for importation and possession, scientific and educational collection, commercial collection, temporary exhibition, or propagation must be complete and submitted to the department on an application form to be provided by the department. For an application to be complete, it must be legible, must contain all of the information requested by the department, shall contain no false statements, must bear the applicant's official signature, and must be accompanied by the required application fee.
7.0 Facilities
7.1 Any person permitted to import, possess, or collect wild animals shall provide adequate facilities as required by the commissioner. Conditions may be imposed that require specific conditions for captivity or exposure to humans (e.g., prohibit the touching of wild animals by any person other than the permit holder).
8.0 Inspections
8.1 Persons holding a permit for dealer, importation and possession, scientific and educational collection, commercial collection, or temporary exhibition shall allow inspection at reasonable times of their premises, facilities, records and wild animals by a state game warden, or other department representative.
8.2 If upon inspection, a wild animal is not being kept as required by the conditions of the permit, or the presence of disease has been determined, destruction of the wild animal may be required by the commissioner.
9.0 Violations
9.1 Any wild animal that is taken, imported or possessed in violation of this regulation, or is kept in violation of any permit issued may be confiscated and disposed of in accordance with 10 V.S.A. § 4513. Permit violations and violations of Part 4 of Title 10 may result in the revocation of the permit. (Added 2008, Fish and Wildlife Board Reg. No. 881, eff. Jan. 23, 2008.)
§ 19
§ 19. Rule governing the importation and possession of animals for taking by hunting
1.0 Authority and Application
1.1 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082, and 4714.
1.2 In promulgating this rule, the Vermont fish and wildlife board is following the policy established by the general assembly that "the protection, propagation control, management and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance," as stated in 10 V.S.A. § 4081.
1.3 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of wild animals.
1.4 Wild animals in Vermont belong to the people in their collective and sovereign capacity, not in their private and individual capacities, as long recognized by the Vermont supreme court.1 Ownership of wild animals may only be acquired subject to the reasonable regulation as provided for by the general assembly.
=fn1 See, inter alia, State v. Theriault, 70 Vt. 617 (1898), Payne v. Sheets, 75 Vt. 335 (1903); State v. Niles, 78 Vt. 266 (1906); Zanotti v. Bolles 80 Vt. 345 (1907).
1.5 This rule applies to any live animal that is possessed or confined for the purposes of taking by hunting.
1.6 This rule applies to enclosures whose purpose is to confine animals to be taken by the means of hunting. It shall not apply to activities permitted under the provisions of 10 V.S.A. § 5217, or 10 V.S.A Appx §§ 32 and 13.
2.0 Purpose and Policy
The purpose of this rule is to:
2.1 In accordance with 10 V. S.A. § 4714, establish the necessary criteria to implement and enforce the permit and permit process for the importation and possession of animals for the purposes of hunting;
2.2 Maintain the best health of the wild animals of the State, both in the wild populations and those animals within facilities permitted under this rule;
2.3 Prevent the introduction or spread of a disease, or parasite by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of "Chronic Wasting Disease" ("CWD"), bovine tuberculosis, and rabies;
2.4 Ensure the physical health and safety of humans;
2.5 Ensure the rights of hunting and fowling enshrined in Chapter II, Section 67 of the Vermont Constitution;
2.6 Prohibit entrapment of white-tailed deer and moose or any wild animal not authorized in this regulation, even if temporary, by means of a fenced enclosure or enclosed hunting facility; and
2.7 Maintain the health of the white-tailed deer and moose populations by ensuring that diseases associated with enclosed animals are not introduced into the wild and that there are sufficient open lands for the wildlife of the State to travel, feed, and meet all their life requirements and support population levels to accommodate the public's interests in these resources.
3.0 Definitions
3.1 "Animals" means all members of the animal kingdom, wild or domestic.
3.2 "Application" means a document produced and published by the department, completed by a person seeking a permit from the commissioner to import or possess animals for taking by hunting.
3.3 "Board" means the Vermont fish and wildlife board.
3.4 "Cervid," "Cervidae," and "deer" means any member of the Cervidae family.
3.5 "Chronic wasting disease" ("CWD") means a transmissible spongiform encephalopathy (TSE) of cervids.
3.6 "Commissioner" means the Vermont fish and wildlife department commissioner.
3.7 "CWD susceptible cervid" means any species of the family Cervidae, or any other family or genera, when published scientific evidence shows susceptibility to Chronic Wasting Disease ("CWD"), including black-tailed and mule deer, white-tailed deer, elk, red deer, and moose. Fallow deer ( Dama dama ) are excluded until susceptibility evidence is discovered.
3.8 "Department" means the Vermont department of fish and wildlife.
3.9 "Designated Employee" means an employee or agent of the permittee who has been designated by the permittee to take a captive animal or wild animal that has become entrapped. The names of all designated employees shall be provided to the department, in writing, prior to being given authorization to take any animal.
3.10 "Enclose" means to create through the use of fences, manmade structures, or natural barriers, an area that can be used to restrict the free movement of animals.
3.11 "Enclosure" means a structure designed to restrict the free movement of animals and the area within that structure.
3.12 "Escape-proof/t" means so constructed that the captive animals will remain confined under all circumstances, except when natural catastrophe or other incidents occur over which the owner or the owner's agent has no control. "Escape-proof" also means so constructed as to prevent ingress from white-tailed deer and moose.
3.13 "Herd" means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.
3.14 "Herd inventory" means an official list of all of the animals enclosed within the facility including verification of the official or approved identifications.
3.15 "Hunting" means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the general assembly, or the Vermont fish and wildlife board to pursue or take any live animal.
3.16 "Hunting Facility" means an enclosure created by the use of fences, man-made structures, or natural barriers where animals are confined to be taken by hunting. Specifically excluded from this definition are activities covered by regulations 734 (Beagle Training) and 690 (Regulated Shooting Grounds).
3.17 "Import" means any act of transporting animals into Vermont from any state or country.
3.18 "NAIS" means National Animal Identification System. This is a national program administered by the United States Department of Agriculture outlining standard operating procedures in animal identification.
3.19 "Owner" means an individual, partnership, company, corporation or other legal entity that has legal title to an animal or herd of animals.
3.20 "Permit" means a written authorization from the commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.
3.21 "Person" includes individuals, principals, agents, employees, firms, partnerships, corporations and associations.
3.22 "Possession" means actual or constructive possession.
3.23 "Take and taking" means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner.
4.0 Generally
4.1 Prohibited: It is unlawful to take by hunting any animal in an enclosed area by a person other than the owner of the facility, spouse, the landowner's minor child, licensed veterinarian, or designated employee as defined by this rule, unless the facility is properly licensed as a captive hunt facility under this rule or has been granted authorization by the commissioner.
4.2 Importation: It shall be prohibited to import, possess or confine any live animal, to be taken by hunting except the species listed in Section 4.5 of this rule. It shall be unlawful to import, possess or confine to be taken by hunting white-tailed deer and moose.
4.3 Ingress: When any species of animal that is imported or possessed for the purposes of hunting but not approved under 4.5 of this Rule, or any white-tailed deer or moose becomes entrapped within an enclosure of a permitted facility, the permittee, or an agent of the permittee shall notify the department of fish and wildlife within the 24 hours of actual or constructive notice of the entrapment. The department of fish and wildlife may take whatever steps under its authority that are deemed necessary to remove and dispose of any entrapped white-tailed deer or moose.
a) Authorization to take by permittee: The permittee, or its designated employee, is authorized to take an entrapped animal. Any such taking must be reported to the department within 12 hours of the taking. Any authorized person shall immediately properly dress the carcass and care for the meat. The entire carcass of any animal taken or removed under this subsection is the property of the commissioner and shall be tested for diseases as specified by the fish and wildlife department.
4.4 Escape: Any animal approved for importation and possession under 4.5 of this Rule that escapes any enclosure of a permitted facility shall be reported to the fish and wildlife department within 24 hours of the permittee's actual or constructive notice of the escape.
a) Escaped animals:Upon actual or constructive notice of an escape of an approved animal from a permitted facility, the permittee shall attempt to recapture the animal. Any such escaped animal which remains outside the enclosure longer than 72 hours, shall be subject to being destroyed by the department.
b) Extension: For good cause shown, the commissioner may grant additional time for recapture when a request for extension of time is submitted.
4.5 Allowed Species: No species of animal may be hunted in any hunting facility except those listed below.
a. The list of allowed animals is as follows:
Buffalo ( Bison bison )
Elk or wapiti ( Cervus elaphus canadensis )
Red deer ( Cervus elaphus )
Fallow deer ( Dama dama )
European wild boar ( Sus scrofa ferus )
Spanish goat ( Capra aegagrus hircus )
Mouflan sheep ( Ovis musimon )
Corsican, Black Hawaiian, Texas Dall, and Barbarossa sheep ( Ovis hybrids )
b. If a permittee or applicant wishes to import and enclose a species not list in 4.a. above for the purpose of being taken by hunting, the Board may be petitioned to include that species. Species approved must not have an adverse effect on the state's wildlife, and the proposed importation and/or possession will maintain the best health, utilization and population levels of wildlife.
4.6 Season: There shall be no closed season for any animal possessed for the purposes of hunting if in compliance with this rule.
4.7 License: It is unlawful for any person to take an animal in a hunting facility unless in the possession of a valid and current Vermont hunting license.
4.8 Rare and Irreplaceable Natural Areas: No part of the proposed enclosure will encompass any land designated as a Rare and Irreplaceable Natural Area, as defined by the Act 250 process.
4.9 Necessary Wildlife Habitat: No part of the proposed enclosure will encompass any areas designated as Necessary Wildlife Habitat as defined by the Act 250 process, or as designated by the department.
4.10 Enclosure Size: No hunting facility may have an enclosure less than 100 acres in size for the purpose of taking an animal by hunting. No hunting facility may have enclosures with total summed area greater than 1280 acres.2
=fn2 1280 acres is equivalent to two square miles. Limiting the size to 1280 acres reduces the risk of interfering with populations of white-tailed deer, moose, bear and other species that depend on large areas of land during seasonal movement to fulfill their life requirements.
4.11 Premises Inspection: All facilities permitted under this rule shall be subject to inspection by the commissioner or the commissioner's designee. Such inspections may include, but are not limited to, records kept under this rule, perimeter fencing, enclosed animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.
4.12 Record keeping and CWD Certified Herd Program: Accurate records documenting purchases, sales, interstate shipments, intrastate shipments, escaped animals, entrapped white-tailed deer and moose, deaths (including harvested animals), and births shall be established and maintained for all hunting operations.
Availability of Documents: Documentation shall be made available to department personnel immediately upon request.
Content of Documents: Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age.
Multiple Enclosures: If a facility has multiple enclosures, movement of animals between such enclosures shall be recorded as if they were separately owned enclosures.
CWD Certified Herd Program: The owners of any CWD susceptible cervid shall enroll in the Vermont agency of agriculture, food and market's CWD Certified Herd Program and remain compliant with the Vermont Rules Governing Captive Cervidae as applied to any possession or take of a CWD susceptible cervid.
4.13 Feeding: The feeding of ruminant protein to cervids is strictly prohibited. All facilities permitted under this rule are forbidden from feeding prohibited feed ingredients. The storage of prohibited feed in the same area as allowable feed is also prohibited. Feeding practices will be reviewed during inspections.
4.14 Animal Health: Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.
5.0 Requirements of the Facility and Operation
5.1 Fencing Requirements:/f3
=fn3 These requirements are consistent with the Vermont Agency of Agriculture, Food and Market's Rules Governing Captive Cervidae (2006).
a) General: Captive animals must be contained within an escape-proof enclosure that complies with all specifications under this rule at all times. Repeated escapes of captive animals, or the ingress of white-tailed deer or moose is evidence of non-compliance with this rule.
b) Specifications
(1) Conventional or hi-tensile perimeter fences of which at least the bottom six (6) feet must be mesh (maximum mesh size shall be 12 1/2" x 7"). The overall height is to be a minimum of eight (8) feet.
(3) All perimeter gates providing access to animal holding facilities shall be kept secured when animals are present. Gate construction shall be constructed and maintained to prevent escape of captive animals, or ingress by white-tailed deer or moose, by crawling under the gate, jumping over the gate, or passing between the gate and adjacent fence.
(4) Posts - four (4) inch minimum diameter, wood or equivalent (e.g., rust resistant steel), spaced no more than fifty (50) feet apart (60-foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There shall be a post or stay (wood or steel) every 20 feet. Posts must be at least eight (8) feet above ground level. Corners shall be braced with wood or equivalent material.
5.2 Identification:
a) Any animal added to the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as approved by the commissioner.
b) For all animals not covered by the agency of agriculture's identification requirements, the commissioner shall establish an identification system such as, but not limited to, tags and tattooing. The commissioner may approve a written identification plan generated by the permittee. All animals to be enclosed shall be identified prior to being placed in the enclosure.
5.3 Capture Chutes for Testing: Shall be in accordance with the rules of the secretary of the agency of agriculture, food and markets.
5.4 Testing of Live Animals: Shall be in accordance with the rules of the secretary of the agency of agriculture, food and markets.
5.5 Monitoing: Facilities operating under this rule shall allow the commissioner, or the commissioner's designee, to inspect the permitted facility and records at any time.
5.6 Testing of Harvested Animals: Shall be in accordance with the rules of the Secretary of agriculture, food and markets.
6.0 Application Process
6.1 Eligibility: Only those hunting facilities in existence prior to October 28, 2008, will be eligible to apply for a permit subject to this rule. No new hunting facilities for the taking of animals by hunting behind fences will be established or permitted.
6.2 It is unlawful to import or possess any animal for the purposes of being taken by hunting without a permit. Prior to the importation or possession of any animal by a person, party, or corporation for the purposes of being taken by hunting under this rule, a facility shall apply to the commissioner in writing with a permit application designed and provided by the commissioner. The application shall include:
a) Name, address and phone number of the Applicant and/or Owner and/Operator if different. Name address and phone number of any "designated employee" as defined in this rule.
b) Map of facility, depicting enclosure location and parcel boundaries.
c) Proof of ownership, including title or lease.
d) Area, in acres, of the lands to be enclosed.
e) A description of the lands to be enclosed, including habitat and vegetative conditions including wetlands, cover, and water sources.
f) A letter from the department indicating that the area to be enclosed does not encompass a Rare of Irreplaceable Natural Area, Necessary Wildlife Habitat, or other rare community type.
g) Detail of the two kinds of identification systems to be used at the facility as prescribed in this rule.
h) Copies of veterinary inspection reports certifying the disease free status of the animals and all necessary testing in compliance with rules of the secretary of the agency of agriculture, food and markets.
i) Documentation showing the facility to be in compliance with all local, municipal, state and federal licensing, zoning, taxation, and other applicable laws or regulations.
j) Any additional information as is necessary to determine that the importation or possession of the animals referred to complies with the purposes of this rule.
k) A permittee shall provide a bond, secured note of credit, or equivalent instrument, equal to the cost of decommissioning the facility. Factors in determining the cost of decommissioning shall include, but not be limited to: acreage, number of animals, and linear feet of fencing.
6.3 Receipt: The commissioner shall acknowledge, in writing, receipt of the application within thirty (30) days of receipt. The acknowledgement shall state whether the application is complete or deficient.
6.4 Deficiencies: If the application is administratively deficient, the commissioner shall inform the applicant of the deficiencies and give the applicant thirty (30) days starting the day the notice is placed in the United States mail to correct the deficiencies. Applications that remain deficient after the thirty (30) day period shall be deemed denied by the commissioner and returned to the applicant.
6.5 Review: When an application is deemed administratively complete, the commissioner shall review the information supplied to determine if the application complies with all parts of this rule.
6.6 Site Inspection: Prior to final approval, the commissioner, or the commissioner's designee, shall conduct a site inspection. The inspection shall ensure that all parts of this rule have been verified, including the absence of white-tailed deer or moose within the hunting facility enclosure. Any animals subject to this rule may not be added to the premises prior to inspection and approval.
6.7 Issuance: If the application has been deemed complete by the commissioner, the site inspection has revealed no deficiencies, and the commissioner has found that the applicant is in full compliance with this rule, a permit shall be issued and a facility identification number will be assigned for future correspondence and reporting purposes.
6.8 Denial: If the application is denied, the commissioner shall, within thirty (30) days, provide a written denial providing the reasons why the application was denied.4
=fn4 See Section 8.0 of this rule regarding appeals of a denial.
6.9 Term: Subject to full compliance with this rule, a permittee may apply for a renewal every three years.
7.0 Permit Revocation
7.1 Grounds for Revocation: The commissioner may revoke any permit issued for failure to comply with the provisions of this rule or when there is an imminent threat of a disease from the facility to any wildlife species of the state.
7.2 Notification: If the commissioner finds that a facility permitted under this rule is in violation of the rules promulgated by the board or the provisions of Part 4 of Title 10 of the Vermont Statutes Annotated, or there is an imminent threat of disease from the hunting facility to any wildlife species of the state, then the commissioner shall notify the permittee in writing of the intent to revoke the permit.
7.3 Opportunity to Cure: A permittee found out of compliance with Sections 5.1, 5.2, and 5.3 of this rule will have thirty (30) days from the date of notification to cure the non-compliance.
7.4 Proceeding: Notwithstanding the license revocation in accordance with 10 V.S.A. § 4502, under Section 7.1 of this rule, the commissioner shall, prior to permit revocation, provide a proceeding consistent with 3 V.S.A. § 814(c).
7.5 Emergency Revocation: If the department finds that the public health, safety, or welfare imperatively requires emergency action, or there is an imminent threat to any wildlife species of the state, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings as described above.
8.0 Appeals
Notwithstanding 10 V.S.A. § 4502, any person aggrieved by the commissioner's finding, order or revocation under this rule may appeal to the superior court in Washington County.
9.0 Facility Decommissioning
9.1 Following permit revocation, or permit abandonment, captive animals within enclosures shall not be released from facilities.
9.2 All imported animals and their offspring shall be subject to the requirements of 5.2 and 5.4 of this rule5. Thereafter, animals may be removed from the enclosure, or continue within the enclosure and subject to the jurisdiction of the agency of Agriculture, food and markets.
=fn5 That is, all animals must be identified and tested prior to being introduced into any other population or enclosure
9.3 Depopulated facilities shall have at least 1/10 of perimeter fencing removed from all sides to allow passage of wild animals in addition to the removal of all corner fencing of the enclosures. Exceptions to this clause will be made for CWD and/or tuberculosis-positive facilities at the discretion of the department in accordance with most recent scientific evidence for environmental resilience of CWD and/or tuberculosis pathogens.
10.0 Compliance of Existing Facilities
10.1 All existing facilities must receive a permit under this rule within one year of its adoption or will be deemed out of compliance with this rule and subject to the penalties allowed by law.
10.2 Hunting facilities found operating without a valid permit shall be deemed out of compliance with rule and subject to the penalties allowed by law. (Added 2009, Fish and Wildlife Board Reg., eff. Jan. 4, 2009.)
§ 19a
§ 19a. Rule governing the transition of the relevant captive hunt facility to the compliance with 10 V.S.A. App. § 19
1.0 Authority
1.1 This rule is promulgated pursuant to No. 54 of the Acts of the 2011 Sess. (2011) (hereinafter "Act 54") which requires that "the fish and wildlife board shall adopt by rule a process by which the number of white-tailed deer and moose entrapped within the relevant captive hunt facility is reduced to zero by taking, as that term is defined in 10 V.S.A. § 4001, over a three-year period from September 1, 2011."
1.2 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082.
1.3 In accordance with 10 V.S.A. § 4081, this rule is following the policy established by the General Assembly that "the protection, propagation control, management and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance."
1.4 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of wild animals.
2.0 Purpose and PolicyThe purpose of this rule is to:
2.1 In accordance with Act 54, establish the necessary criteria to implement the transition from the jurisdiction of the relevant captive hunt facility from the Secretary of Agriculture, Food, and Markets to the Commissioner of the Department of Fish and Wildlife.
2.2 In Act 54, the general assembly found and declared that: "To preserve the health of the wildlife of Vermont, all owners of captive cervidae facilities should be required to remove entrapped white-tailed deer or moose, and such facilities should be required to take the necessary measures to prevent future entrapment of white-tailed deer or moose."
2.3 This rule is designed to bring the population of entrapped white-tailed deer and moose to zero over the three-year period September 1, 2011 - August 31, 2014.
2.4 This rule is designed to permit the disease surveillance that is consistent with the goals set forth in 10 V.S.A. § 4081 and Act 54 to prevent the introduction or spread of a disease, or parasite, by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of "Chronic Wasting Disease" ("CWD"), bovine tuberculosis, and rabies.
2.5 In accordance with 10 V.S.A. § 4081, "It is the policy of the state that... As provided by Chapter II, § 67 of the Constitution of the State of Vermont, the fish and wildlife of Vermont are held in trust by the state for the benefit of the citizens of Vermont and shall not be reduced to private ownership. The state of Vermont, in its sovereign capacity as a trustee for the citizens of the state, shall have ownership, jurisdiction, and control of all of the fish and wildlife of Vermont."
3.0 Definitions
3.1 "Animals" means all members of the animal kingdom, wild or domestic.
3.2 "Board" means the Vermont Fish and Wildlife Board.
3.3 "Captive animal" has the same meaning as under 10 V.S.A. § 4715(a)(1).
3.4 "Cervid," "Cervidae," and "deer" means any member of the Cervidae family.
3.5 "Chronic Wasting Disease" ("CWD") means a transmissible spongiform encephalopathy (TSE) of cervids.
3.6 "Commissioner" means the Vermont Fish and Wildlife Department Commissioner.
3.7 "Department" means the Vermont Department of Fish and Wildlife.
3.8 "Enclosure" means a structure designed to restrict the free movement of animals and the area within that structure.
3.9 "Herd" means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.
3.10 "Herd inventory" means an official list maintained by the facility of all of the animals enclosed within the facility including individual animals' official or approved identifications.
3.11 "Hunting" means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the General Assembly, or the Vermont Fish and Wildlife Board to pursue or take any live animal.
3.12 "Import" means any act of transporting animals into Vermont from any state or country.
3.13 "Permit" means a written authorization from the Commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.
3.14 "Relevant captive cervidae facility" shall mean a captive cervidae facility subject to the requirements of Sec. E.702.1 of No. 156 of the Acts of the 2009 Adj. Sess. (2010). 1
=fn1 Repealed by Act 54, Section 5.
3.15 "Take and taking" means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner." 10 V.S.A. § 4001 (23).
4.0 Scope of the Rule
4.1 On September 1, 2011, the relevant captive cervidae facility shall be regulated as a captive hunt facility under the Fish and Wildlife Board's rule governing the importation and possession of animals for taking by hunting as set forth in 10 V.S.A. App. § 19.
4.2 This rule does not supersede the requirements of 10 V.S.A. App. § 19.
4.3 Nothing in this rule is intended to modify or abridge the authority of the Commissioner to authorize the taking of white-tailed deer and moose pursuant to 10 V.S.A. Section 4138.
5.0 Record, Reporting and Disease Surveillance 2
=fn2 These recording keeping and reporting requirements mirror those found in 10 V.S.A. App. § 19 and are repeated here to meet the requirements of Act 54.
5.1 Records
a) Availability: Documentation shall be made available to Department personnel immediately upon request or 24 hours if not practicable.
b) Content: Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age. Information shall also include the name and address of any person taking a white-tailed deer or moose and the identification number of the animal taken.
5.2 Animal Health: Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.
5.3 Identification:
a) Any captive animal within the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as approved by the Commissioner.
b) Other means of identification are available for approval subject to 10 V.S.A. App. § 19, Section 5.2(b).
6.0 Annual Herd Assessment In order maintain successful surveillance, the Department shall, on September 1 of each year conduct an annual assessment, including:
6.1 Herd Inventory
a) The number of white-tailed deer and moose taken by the means of hunting by August 31 of that year;
b) The number of white-tailed deer or moose experiencing mortality by August 31 of that year; and
c) The total number of white-tailed deer and moose remaining in the relevant captive hunt facility and the herd inventory identification numbers for each animal.
6.2 Inspection of the Facility Inspections may include, but are not limited to, records kept under this rule, perimeter fencing, captive animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.
6.3 Removal of Wild Cervids
a) Any untagged white-tailed deer or moose shall be considered a wild animal;
b) All such animals will be removed either by the relevant captive hunt facility owner or the Department at the Department's discretion.
6.4 Monitoring:Facilities operating under this rule shall allow the Commissioner, or the Commissioner's designee, to inspect the permitted relevant captive hunt facility and records at any time.
6.5 Testing of Animals: Testing of animals shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets. The head of any white-tailed deer or moose experiencing mortality by any means shall be preserved consistent with CWD testing protocols and notice shall be provided to the Department within 24 hours.
7.0 Open Season and Restrictions
7.1 There is no closed season for taking of white-tailed deer and moose within the relevant captive hunt facility subject to the following restrictions:
a) Shooting Hours: 1/2 before sunrise - 1/2 after sunset;
b) No Fee: No fee, other than for guide services, shall be charged by the relevant captive cervidae facility for the right to take white-tailed deer or moose;
c) Escape or Release:No person may knowingly or intentionally allow wild cervidae at the relevant captive cervidae facility to escape or to be released from the facility;
d) Tagging: A person taking a white-tailed deer or moose within the facility shall immediately tag the big game carcass upon taking with a tag provided by the Department. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation;
e) Legal Means:Any white-tailed deer or moose taken by any legal means as prescribed in 10 V.S.A. Appendix § 37;
f) License: Any person taking an animal within the relevant captive hunt facility shall possess a valid and current Vermont hunting license;
g) No Limit: There is no possession limit on persons taking white-tailed deer or moose within the facility so long as it is properly tagged under this rule. The annual deer limit contained in 10 V.S.A. App. § 37, and any moose hunting limit contained in 10 V.S.A. App. § 33 shall not apply to white-tailed deer and moose legally taken under this rule.
8.0 Percentages of White-tailed Deer and Moose to be Taken Per Year
8.1 September 1, 2011 - August 31, 2012
a) White-Tailed Deer
i) Antlerless:55% of antlerless deer
ii) Antlered:55% of adult males (bucks)
b) Moose:50% of the all the moose
8.2 September 1, 2012- August 31, 2013
a) White-Tailed Deer
i) Antlerless:65% of antlerless deer
ii) Antlered:65% of adult males (bucks)
b) Moose:50% of the all the moose
8.3 September 1, 2013 - August 31, 2014
a) 100% of the remaining deer
b) 100% of the remaining moose 3
=fn3 Consistent with Act 54, Sec. 5 (c)(2)(B)(i)(I).
9.0 Posting
9.1 Pursuant to Act 54, the owner of the relevant captive cervidae facility may post his or her land according to 10 V.S.A. § 5201 and may restrict access to the facility for hunting. (Added 2012, Fish and Wildlife Board Reg., eff. Nov. 23, 2011.)
§ 21
§ 21. Seasons, bag limits
Game birds of the species listed in column one of the Table set forth below may be taken during the period specified in column two in the number specified in column three, and may be possessed only in the numbers specified in column three as "possession limits."
Column OneColumn TwoColumn Three
BIRDSEASONBAG LIMIT
(a) Migratory game In accordance withIn accordance with
birds, all species Federal regulationsFederal regulations
(b) Partridge (ruffed Last Saturday in4 daily limit
grouse) September to December
31, inclusive
8 possession limit
(c) Pheasant Last Saturday in2 daily limit
September to December
31, inclusive
4 possession limit
(d) Wild Turkey see § 22, postsee § 22, post
(e) Quail Last Saturday in4 daily limit
September to last
Thursday before regular
deer season, inclusive
8 possession limit
(1) Bobwhite Quail No closed seasonNone
(f) Chukar No closed season
Partridge
(g) OthersNo open season
(h) Crow March 14 through AprilNo limit
30 and August 16 through
October 29, inclusive
(1961, No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No.-, eff. Aug. 23, 1963; 1965, Fish and Game Board Reg. No.-, eff. Sept. 13, 1965; 1968, Fish and Game Board Reg. No.-, eff. Jan. 6, 1968; 1975, Fish and Game Board Reg. No. 891, eff. Sept. 1, 1975; 1978, Fish and Game Board Reg. No. 908, eff. Oct. 31, 1978 ; 1980, Fish and Game Board Regs. No. 921, eff. Jan. 1, 1981; No. 922, eff. Oct. 27, 1980; 1984, Fish and Wildlife Board Reg. No. 952, eff. Sept. 17, 1984; 1989, Fish and Wildlife Board Reg. No. 979, eff. Nov. 24, 1989; 1991, Fish and Wildlife Board Reg. No. 988, eff. Sept. 1991.)
§ 22
§ 22. Turkey Seasons
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the fish and wildlife board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the turkey flock.
1.3 In accordance with 10 V.S.A. § 4084, this rule establishes daily, season and possession limits for game, territorial limits; to prescribe the manner and means of taking; to establish territorial limits for the taking of turkeys; and to establish restrictions on taking based upon sex, maturity or other physical distinction.
2.0 Purpose The purpose of this regulation is to establish seasons for the taking of turkeys, to establish open Wildlife Management Units (WMUs) for the taking of turkeys, to establish methods of taking turkeys and to establish limits on the number of turkeys to be taken.
3.0 Definitions
3.1 "Commissioner" means the commissioner of the Vermont fish and wildlife department.
3.2 "Department" means the means the Vermont fish and wildlife department.
3.3 "Legal means" means the taking of a moose by muzzleloader, rifle, pistol, or archery equipment in conformance with Section 13 of this rule.
3.4 "Permit" means a document issued by the department authorizing the taking of a moose.
3.5 "Wildlife Management Unit" (WMU) means one of 24 geographical areas in Vermont for which big game regulations may vary.
4.0 Spring Season
4.1 Dates: May 1, through May 31, inclusive.
4.2 Shooting hours: One-half hour before sunrise to twelve noon.
4.3 Legal turkey: Only wild turkeys with beards.
4.4 Bag Limit: Two bearded wild turkeys per person per season.
4.5 Open WMUs: Open statewide
5.0 Fall Season.
5.1 Dates and Open WMU's.
(a) Bow and Arrow only:
i. Dates: From the 1st Saturday in October to the beginning of the shotgun/bow and arrow season.
ii. Open WMUs: Open Statewide
(b) Shotgun/Bow & Arrow Season
i. Dates: Nine consecutive days beginning 21 days prior to the regular deer season, inclusive.
ii. Open WMUs: B, D, G, H, I, J, L, M, O, P, and Q and their respective subunits:.
(c) Shotgun/Bow & Arrow Season
i. Dates: For 16 consecutive days beginning 21 days prior to the regular deer season, inclusive.
ii. Open WMUs: subunits: WMUs F, K, and N and their respective subunits:.
5.2 Shooting hours: One-half hour before sunrise to one-half hour after sunset.
5.3 Legal Turkey: Any wild turkey.
5.4 Bag limit: One turkey per person.
6.0 Legal Method of Taking:
6.1 Only a shotgun or bow and arrow may be used.
6.2 Only number 2 through number 8 shot shall be used or possessed.
6.3 An arrowhead must be at least 7/8th of an inch in width and have two or more cutting edges.
6.4 Rifles and handguns shall not be used or carried by any person while hunting turkeys.
6.5 No person shall use dogs in the spring, nor electronic calling devices, bait, live decoys, or participate in cooperative drives during either season.
7.0 Youth Turkey Hunting Weekend
7.1 Legal Turkey: Only bearded turkeys may be taken.
7.2 Bag limit: One bearded turkey per youth. A youth may also hunt during the spring season and take two bearded turkeys during that season. (Added 1982, Fish and Game Board Reg. No. 938, §§ 1-3, eff. Jan. 1, 1983; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, Fish and Wildlife Board Regs. No. 956, eff. March 7, 1985; No. 957, eff. July 5, 1985; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan. 1, 1987; 1988, Fish and Wildlife Board Reg. No. 974, eff. April 12, 1988; 1990, Fish and Wildlife Board Reg. No. 981, eff. April 27, 1990; 1992, Fish and Wildlife Board Reg. No. 981, eff. November 14, 1992; 1993, Fish and Wildlife Board Reg. No. 996, eff. April 22, 1993; 1993, Fish and Wildlife Board Reg. No. in subsec. (E) 1007, eff. Feb. 13, 1994; 1998, Fish and Wildlife Board Reg. No. 1007, eff. April 3, 1998; 1999, Fish and Wildlife Board Reg. No. 1007, eff. Feb. 17, 1999; 2002, Fish and Wildlife Board Reg. No. 1007, eff. Aug. 3, 2002; 2003, Fish and Wildlife Board
Reg. No. 1007a, eff. Feb. 12, 2003, 2003, Fish and Wildlife Board Reg. No. 1007, eff. March 5, 2004, 2010, Fish and Wildlife Board Reg. eff. July 9, 2010.)
§ 22a
§ 22a. Taking of turkey doing damage
(A) A landowner, or the landowner's authorized agent, with prior approval from a Game Warden, may take, on land owned or occupied by the landowner and not posted except as provided in 10 V.S.A. § 4710, a turkey which the landowner can prove, has repeatedly, or may continue to substantially damage the following:
(1) a crop bearing plant; or
(2) a crop, except grass; or
(3) a crop which has been harvested and stored.
(B) A landowner may designate one individual who holds a resident Vermont hunting license as an agent to take a turkey doing damage, pursuant to subsection (A) of this section, on the landowner's behalf. A landowner may not offer or accept any form of payment to or from a person designated as an agent under this subsection except as allowed in subsection (E) of this section.
(C) The landowner shall immediately report the wounding or killing of a turkey under this section to a Game Warden. Within 12 hours of said wounding or killing of a turkey under this section, the landowner or person who performed the act shall submit a written, signed report relating the date, time, place and reason for the wounding or killing to a Game Warden.
(D) A person who kills the turkey shall immediately properly dress the carcass and care for the meat.
(E) The Game Warden shall immediately investigate the case and if satisfied that the turkey was taken as provided in this section, the Warden shall give the landowner a certificate of his or her finding in the matter. The certificate shall entitle the landowner to the ownership of the carcass. The landowner may not sell or give away the carcass except to offer all or a portion of it to the agent designated under subsection (B) of this section as compensation for killing the turkey. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a Game Warden. (2002, Fish and Wildlife Board Reg. No. 1007a, eff. Sept. 7, 2002.)
§ 23
§ 23. Methods of taking, possessing and transporting migratory game birds
(a) Scope of regulations.
(1) In general. The regulations contained in this section relate only to the hunting of migratory game birds, and crows.
(2) Procedural and substantive requirements. Migratory game birds may be taken, possessed, transported, shipped, exported, or imported only in accordance with the restrictions, conditions, and requirements contained in this section. Crows may be taken, possessed, transported, exported, or imported only in accordance with subsections (ff) through (hh) of this section.
(b) Relation to other provisions.
(1) Migratory bird hunting stamps. The provisions of this section are in addition to the provisions of the Migratory Bird Hunting Stamp Act of 1934 (48 Stat. 451, as amended; 16 U.S.C. 718a).
(2) National wildlife refuges. The provisions of this section are in addition to, and are not in lieu of, any other provision of law respecting migratory game birds under the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 668dd) or any regulation made pursuant thereto.
(3) Each person hunting migratory game birds in Vermont shall annually register with the Vermont department of fish and wildlife's Harvest Information Program (H.I.P.), and must be able to provide proof of the H.I.P. registration.
(c) Definitions. For the purpose of this section, the following terms shall be construed, respectively, to mean and to include:
(1) "Migratory game birds" means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this section and belong to the following families:
(i) Anatidae (ducks, geese, brant, and swans);
(ii) Columbidae (doves and pigeons);
(iii) Gruidae (little brown cranes);
(iv) Rallidae (rails, coots, and gallinules); and
(v) Scolpacidae (woodcock and snipe).
(2) "Open season" means the days on which migratory game birds may lawfully be taken. Each period prescribed as an open season shall be construed to include the first and last days thereof.
(3) "Closed season" means the days on which migratory game birds shall not be taken.
(4) "Daily bag limit" means the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.
(5) "Possession limit" means the number of migratory game birds permitted to be possessed by any one person when lawfully taken in the state for which a possession limit is prescribed.
(6) "Personal abode" means one's principal or ordinary home or dwelling place, as distinguished from his or her temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent, or trailer house used as a hunting club, or any hotel, motel, or rooming house used during a hunting, pleasure, or business trip.
(7) "Migratory bird preservation facility" means:
(i) Any person who, at his or her residence or place of business and for hire or other consideration; or
(ii) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or
(iii) Any hunting club which, in the normal course of operations, receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage, or shipment.
(8) "Paraplegic" means an individual afflicted with paralysis of the lower half of the body with involvement of both legs usually due to disease of or injury to the spinal cord.
(9) "Nontoxic shot" includes steel, bismuth/tin, tungsten/iron, tungsten/polymer, tungsten/matrix, tungsten ickel/iron, tungsten/iron ickel/tin, tungsten/bronze, tungsten/tin/bismuth, tungsten/iron/copper ickel, tungsten/tin/iron, or other shot approved by the U.S. Fish and Wildlife Service.
(d) Hunting Methods. Migratory birds on which open seasons are prescribed in this section may be taken by any method except those prohibited in this section. No person shall take migratory game birds:
(1) With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;
(2) With a shotgun of any description capable of holding more than three shells, unless it is plugged with a on-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells;
(3) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;
(4) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;
(5) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, That a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;
(6) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;
(7) By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds;
(8) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; or
(9) By the aid of baiting, or on or over any baited area. As used in this paragraph, "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and "baited area" means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting, or enticing such birds is directly and indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this paragraph shall prohibit:
(i) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and
(ii) The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, That manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.
(10) Prohibition on Toxic Shot:
(i) No person shall take waterfowl or coots while possessing loose shot or shot shells loaded with shot other than nontoxic shot, and then of a shot size no larger than size T.
(ii) No person shall take an aggregate or combination of waterfowl/coots and other species while possessing loose shot or shot shell loaded with shot other than nontoxic shot.
(e) Closed seasons. No person shall take migratory game birds during the closed season.
(f) Shooting hours. No person shall take migratory game birds except during the hours open to shooting.
(g) Daily limit. No person shall take in any one calendar day, more than the daily bag limit or aggregate daily bag limit, whichever applies.
(h) Wanton waste of migratory game birds. No person shall kill or cripple any migratory game bird pursuant to this section without making a reasonable effort to retrieve the bird, and retain it in his or her actual custody, at the place where taken or between that place and either (1) his or her automobile or principal means of land transportation; or 2b) his or her personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.
(i) Possession prohibitions. No person shall at any time, by any means, or in any manner, possess or have in custody any migratory game bird or part thereof, taken in violation of any provision of subsections (d) through (h) of this section.
(j) During closed season. No person shall possess any freshly killed migratory game birds during the closed season.
(k) Possession limit. No person shall possess more migratory game birds taken in this state than the possession limit or the aggregate possession limit, whichever applies.
(l) Opening day of a season. No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit.
(m) Field possession limit. No person shall possess, have in custody, or transport more than the daily bag limit of migratory game birds, tagged or not tagged, at or between the place where taken and either (1) his automobile or principal means of land transportation; or (2) his personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.
(n) Tagging requirement. No person shall put or leave any migratory game birds at any place (other than at his or her personal abode), or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds have a tag attached, signed by the hunter, stating his or her address, the total number and species of birds, and the date such birds were killed. Migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be considered as being in storage or temporary storage.
(o) Custody of birds of another. No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by subsection (n) of this section.
(p) Possession of live birds. Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time, or by any means, possess or transport live migratory game birds taken under authority of this section.
(q) Termination of possession. Subject to all other requirements of this section, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him or her to another person as a gift; or have been delivered by him or her to a post office, a common carrier, or a migratory bird preservation facility and consigned for transport by the U.S. Postal Service or a common carrier to some person other than the hunter.
(r) Gift of migratory game birds. No person may receive, possess, or give to another, any freshly killed migratory game birds as a gift, except at the personal abodes of the donor or donee, unless such birds have a tag attached, signed by the hunter who took the birds, stating such hunter's address, the total number and species of birds, and the date such birds were taken.
(s) Transportation prohibitions. No person shall at any time, by any means, or in any manner, transport any migratory game bird or part thereof, taken in violation of any provision of subsections (d) through (h) of this section.
(t) -Birds of another. No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by subsection (n) of this section.
(u) -Species identification requirement. No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.
(v) -Marking package or container. No person shall transport by the U.S. Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
(w) Exportation prohibitions. No person shall at any time, by any means, or in any manner, export or cause to be exported, any migratory game bird or part thereof, taken in violation of any provision of subsections (d) through (h) of this section.
(x) -Species identification requirement. No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country.
(y) -Marking package or container. No person shall export migratory game birds via the U.S. Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
(z) Importation limits. No person shall import migratory game birds in excess of the following importation limits:
(1) Doves and pigeons.
(i) From any foreign country except Mexico, during any one calendar week beginning on Sunday, not to exceed 25 doves, singly or in the aggregate of all species, and 10 pigeons, singly or in the aggregate of all species.
(ii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, That if the importer has his or her Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he or she hunts in Mexico, he or she may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.
(2) Waterfowl.
(i) From any foreign country except Canada and Mexico, during any one calendar week beginning on Sunday, not to exceed 10 ducks, singly or in the aggregate of all species, and five geese including brant, singly or in the aggregate of all species.
(ii) From Canada, not to exceed the maximum number permitted to be exported by Canadian authorities.
(iii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, That if the importer has his or her Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he or she hunts in Mexico, he or she may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.
(aa) Birds of another. No person shall import migratory game birds to another person.
(bb) Species identification requirement. No person shall import migratory game birds unless each such bird has one fully feathered wing attached, and such wing must remain attached while being transported between the port of entry and the personal abode of the possessor or between the port of entry and a migratory bird preservation facility.
(cc) Foreign export permits. No person shall import, possess or transport, any migratory game birds killed in a foreign country unless such birds are accompanied by export permits, tags, or other documentation required by applicable foreign laws or regulations.
(dd) Processing requirement. No person shall import migratory game birds killed in any foreign country, except Canada, unless such birds are dressed (except as required in subsection (bb)), drawn, and the head and feet are removed: Provided, That this shall not prohibit the importation of legally taken, fully feathered migratory game birds consigned for mounting purposes to a taxidermist who holds a current taxidermist permit and who is also licensed by the U.S. Department of Agriculture to decontaminate such birds.
(ee) Marking of package or container. No person shall import migratory game birds via the U.S. Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
(ff) Violation of federal law. No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.
(gg) Violation of state law. No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any state.
(hh) Violation of foreign law. No person shall at any time, by any means, or in any manner, import, possess, or transport, any migratory bird, or any part, nest, or egg of any such bird taken, bought, sold, transported, possessed, or exported contrary to any applicable law or regulation of any foreign country, or state or province thereof.
(ii) Tagging requirement. No migratory bird preservation facility shall receive or have in custody any migratory game birds unless such birds are tagged as required by subsection (n) of this section.
(jj) Records required.
(1) No migratory bird preservation facility shall:
(A) Receive or have in custody any migratory game bird unless accurate records are maintained which can identify each bird received by, or in the custody of, the facility by the name of the person from whom the bird was obtained, and show (i) the number of each species; (ii) the location where taken; (iii) the date such birds were received; (iv) the name and address of the person from whom such birds were received; (v) the date such birds were disposed of; and (vi) the name and address of the person to whom such birds were delivered, or
(B) Destroy any records required to be maintained under this section for a period of one year following the last entry on the record.
(2) Record keeping as required by this section will not be necessary at hunting clubs which do not fully process migratory birds by removal of both the head and wings.
(kk) Inspection of premises. No migratory bird preservation facility shall prevent any person authorized to enforce this section from entering such facilities at all reasonable hours and inspecting the records and the premises where such operations are being carried.
(ll) Commercial use of feathers. Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, brant, and swans) killed by hunting pursuant to this section, or seized and condemned by federal or state game authorities, except that:
(1) No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this section; and
(2) No person shall purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds taken under authority of this section.
(mm) Personal use of feathers or skins. Any person for his or her own use may possess, transport, ship, import, and export without a permit the feathers and skins of lawfully taken migratory game birds. (Added 1983, Fish and Game Board Reg. No. 940, eff. ______; amended 2010, Fish and Wildlife Board Reg. eff. May 18, 2010.)
§ 23a
§ 23a. Spring Snow Goose Conservation Order
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the fish and wildlife board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
1.2 The board's authority to permit the taking of migratory game birds is found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21.
2.0 Purpose The purpose of this regulation is to establish a Spring Conservation Order for harvesting of snow and Ross' geese. The United Fish and Wildlife Service has issued a Conservation Order with the intent to decrease the population of light geese due to an overabundance of these species. Specifically, "[v]arious populations of light geese (greater and lesser snow geese and Ross's geese) have undergone rapid growth during the past 30 years, and have become seriously injurious to their habitat, habitat important to other migratory birds, and agricultural interests. The U.S. Fish and Wildlife Service believes that several of these populations have exceeded the long term carrying capacity of their breeding and/or migration habitats and must be reduced." The USFWS has set "forth regulations that authorize measures to increase harvest of certain populations of light geese." This rule implements this directive.
3.0 Definitions
3.1 "Daily bag limit" means the maximum number of geese permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.
3.2 "Possession limit" means the number of geese permitted to be possessed by any one person when lawfully taken in the state for which a possession limit is prescribed.
3.3 "Commissioner" means the commissioner of the Vermont fish and wildlife department.
3.4 "Conservation order" means a special management action that is needed to control certain wildlife populations when traditional management programs are unsuccessful in preventing overabundance of the population.
3.5 "Department" means the Vermont fish and wildlife department.
3.6 "Light goose" refers collectively to greater and lesser snow geese and Ross's geese.
3.7 "Legal means" means the taking by the means described in Section 8.0 of this rule.
3.8 "Permit" means a document issued by the Department authorizing the taking of snow geese.
4.0 Species Subject to the Conservation Order Greater snow (Chen caerulescens atlantica), lesser snow ( C. c. caerulescens), and Ross's (C. rossii ) geese that breed, migrate, and winter in North America.
5.0 Open Season
5.1 Season Dates: March 11 - Friday before Youth Turkey Hunting Weekend, annually.
6.0 Bag Limits and Possession Limits
6.1 Daily Bag Limit: 15 geese
6.2 Possession Limit: No limit
7.0 License and Stamp Requirements
7.1 Any person harvesting geese under this rule shall:
(a) Possess and carry a valid Vermont state hunting license;
(b) Possess and carry a valid Vermont Migratory Waterfowl Stamp;
(c) Possess and carry a valid Federal Migratory Bird Hunting Stamp;
(d) Possess and carry a valid Vermont Snow Goose Conservation Order Permit; and
(e) Possess and carry proof of Harvest Information Program (HIP) Registration.
8.0 Hunting Methods
8.1 Light geese on which open seasons are prescribed in this section may be taken by any method except those prohibited in this section. No person shall take migratory game birds:
(a) With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;
(b) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;
(c) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;
(d) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/r the sails furled, and its progress therefrom has ceased: Provided, That a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;
(e) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;
(f) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; or
(g) By the aid of baiting, or on or over any baited area. As used in this subsection, "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and "baited area" means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting, or enticing such birds is directly and indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this subsection shall prohibit:
(i) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and
(ii) The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grow
8.2 Nontoxic Shot
(a) No person shall take light geese while possessing loose shot or shot shells loaded with shot other than nontoxic shot.
(b) Approved nontoxic shots include: steel, bismuth/tin, tungsten/iron, tungsten/polymer, tungsten/matrix, tungsten ickel/iron, tungsten/iron ickel/tin, tungsten/bronze, tungsten/tin/bismuth, tungsten/iron/copper ickel, tungsten/tin/iron, or other shot approved by the U.S. Fish and Wildlife Service.
8.3 Allowed Specials Measures Notwithstanding the provisions of section 23 of this title, the following special measures may be used when harvesting light geese under this rule:
(a) Unplugged shotguns (that can accommodate more than three shells);
(b) Electronic calls.
9.0 Shooting Hours Notwithstanding the provisions of section 23 of this title, the legal shooting hours under this rule are: one-half hour before legal sunrise to one-half hour after legal sunset.
10.0 Wanton waste of migratory game birds No person shall kill or cripple any migratory game bird pursuant to this rule without making a reasonable effort to retrieve the bird, and retain it in his or her actual custody, at the place where taken or between that place and either (1) his or her automobile or principal means of land transportation; or (2) his or her personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.
11.0 Other Applicable Laws
11.1 All other federal and state laws and regulation relevant to the harvesting of light geese, including: importation, possession, custody, tagging, sale of parts and eggs apply unless otherwise stated herein.
11.2 No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.
11.3 No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any state.
12.0 Suspension If the Director of the U.S. Fish and Wildlife Service suspends the Conservation Order, this Rule is automatically suspended. (Added 2010, Fish and Wildlife Board Reg. eff. July 9, 2010.)
§ 23b
§ 23b. Waterfowl Boundary Rule
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081. In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
1.2 10 V.S.A. § 4082(a) states: "The board may adopt rules, under chapter 25 of Title 3, to be known as the "Vermont fish and wildlife regulations" for the regulation of fish and wild game and the taking thereof except as otherwise specifically provided by law. The rules shall be designed to maintain the best health, population and utilization levels of the regulated species /t. /t. /t."
1.3 The Board's authority to permit the taking of migratory game birds is a found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21. x60
2.0 Purpose The purpose of this rule is to establish zones for the taking of waterfowl during the prescribed waterfowl season(s).
3.0 Zone Decriptions
3.1 Lake Champlain Zone: The U.S. portion of Lake Champlain and that area north and west of the line extending from the New York border along U.S. 4 to VT 22A at Fair Haven; VT 22A to U.S. 7 at Vergennes; U.S. 7 to VT 78 at Swanton; VT 78 to VT 36; VT 36 to Maquam Bay on Lake Champlain; along and around the shoreline of Maquam Bay and Hog Island to VT 78 at the West Swanton Bridge; VT 78 to VT 2 in Alburg; VT 2 to the Richelieu River in Alburg; along the east shore of the Richelieu River to the Canadian border.
3.2 Interior Zone: That portion of Vermont east of the Lake Champlain Zone and west of a line extending from the Massachusetts border at Interstate 91; north along Interstate 91 to US 2; east along US 2 to VT 102; north along VT 102 to VT 253; north along VT 253 to the Canadian border.
3.3 Connecticut River Zone: The remaining portion of Vermont east of the Interior Zone. The waterfowl season regulations for the Connecticut River Zone will be the same as the New Hampshire Inland Zone and will be set annually by the New Hampshire Fish and Game Department. :np
Figure 1. Proposed change in Vermont Waterfowl Zone Boundary. New boundary outlined in red(Added 2011, Fish and Wildlife Board Reg. eff. July 3, 2011.)
§ 24
§ 24. Repealed.
§ 25
§ 25. Nongame wildlife species
(a) A plan for the management of nongame wildlife species in Vermont includes all members of the animal kingdom: mammals, birds, reptiles, amphibians, fish, mollusks, crustaceans, insects, and other invertebrates; and is limited to native species not commonly taken for sport or profit, nor classified as domesticated.
b) Projects determined in accordance with the plan will be coordinated by the Nongame and Natural Heritage Program and performed by program staff with assistance from other Fish and Wildlife Department staff and cooperating organizations and individuals. Projects may also be performed on a contractual basis with qualified individuals and/or institutions.
(c) The plan comprises four primary objectives: (1) inventories and status determination of species and natural communities, (2) species, habitat, and natural community management, (3) planning assistance and environmental review, and (4) outreach and education. Determination of project priorities will include consideration of species status and degree of threat, population and habitat trends, level of knowledge, public interest and support, availability of funding, arenas underserved by other institutions, and ability to make a difference.
(d) Financial resources for project expenditures will be derived from donations to the Vermont Nongame Wildlife Fund, proceeds from sale of vehicle conservation license plates, federal funding sources, the business community, grants, and other sources authorized by the Commissioner of Fish and Wildlife.
(1) Inventories and Status Determination of Species and Natural Communities: Inventories of Vermont's wildlife and natural communities will be conducted to increase our understanding about Vermont's wildlife, their rarity, threats to their continued survival, and to help identify other conservation needs. Status will be determined for species and natural communities as practicable and the expertise of others will be solicited when needed.
(2)(A) Species, Habitat, and Natural Community Management: Monitoring and management of populations will proceed if needed based on status determination and level of knowledge. Measures to reduce threats or enhance numbers in populations experiencing decline will be taken. In situations where a common species is negatively impacting other wildlife or humans, population control or management may be attempted. Species may be reintroduced when appropriate. Legal protection of nongame species will be enforced by law enforcement personnel. Collection of nongame wildlife for scientific research, education purposes, or for the purpose of using them as the subjects of art or photography shall be authorized by issuance of a Scientific Collection Permit. Other collections or take of nongame wildlife shall be authorized by Commissioner letter in addition to a valid Vermont Hunting License or Small Game License.
(B) Land in state ownership will be managed using appropriate wildlife and natural community management techniques. Site-specific management on state lands and on other lands when landowner permission is granted may include placement of predator shields, artificial nesting platforms, and informational signs; controlled burning; vegetation management; and water level stabilization. Wildlife and natural community management will be encouraged through publications and other outreach efforts.
(3) Planning Assistance and Environmental Review: Certain critical land and aquatic systems will be protected statewide. Protection will be afforded through Act 250 criteria and other legislation, land acquisition, purchase of development rights, conservation agreements, and the assistance of interested landowners. Aquatic systems will be protected through current laws and legislation, and acquisition of riparian lands. Conservation and other planning will be assisted through appropriate information sharing using the Biological Conservation Database (BCD). Caution shall be exercised so that revealing site-specific information does not result in threats to rare species and necessary habitat or compromise landowner privacy interests.
(4) Outreach and Education: To foster increased respect and appreciation of our natural heritage, education and outreach efforts will be directed toward achieving a better understanding of Vermont's nongame wildlife, their habitats, and natural communities. An Outreach and Education Specialist position will be integrated into the Nongame and Natural Heritage Program and help develop an education and outreach strategy. Activities to enhance nongame wildlife education will complement other Department and Agency efforts, and those of other conservation education groups. Networking with other organizations and teachers will be emphasized in order to maximize information exchange. Products and activities may include, but are not limited to, fact sheets, booklets, slide shows, videos, workshops, exhibits, and school programs. Opportunities for nongame wildlife education will be created when appropriate on public land. These may include, but are not limited to observation areas and walking
trails. (1997, Fish and Wildlife Board Reg. No. 1020, eff. Aug. 1, 1997.)
{effective until January 1, 2013]
[Section 31 effective until January 1, 2013; see also section 31 effective January 1, 2013 set out below
[Section 31 effective until January 1, 2013; see also section 31 effective January 1, 2013 set out below.]
§ 31. Seasons, bag limits
The game animals specified in column one may be taken only during the period specified in column two not in excess of the numbers specified in column three and may be possessed only to the numbers specified as possession limit, except as provided in section 32 of this title.
Column OneColumn TwoColumn Three
ANIMALSEASONBAG LIMIT
(a) Gray September 1st to December 31st4 bag limit,
Squirrel both dates inclusive
8 possession limit
(b) Rabbit Last Saturday in September to3 bag limit,
second Sunday in March, inclusive
6 possession limit
(c) Bear September 1 through the 1st1 season limit except
Wednesday of the regular deerfor bear taken under
season, dates inclusive10 V.S.A. § 4827
(d) Caribou No open season
(e) Elk No open season
(f) Moose No open season except as
established by Regulation of the
Board pursuant to Reg. #999
(Added 1961 No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. -, eff. Aug. 23, 1963; 1965, Fish and Game Board Reg. No. -, eff. Sept. 13, 1965; 1966, Fish and Game Board Reg. No. -, eff. Jan. 1, 1967; 1968, Fish and Game Board Reg. No. -, eff. Jan. 6, 1968; 1974, Fish and Game Board Reg. No. 878, eff. Sept. 8, 1974; 1976, Fish and Game Board Regs. No.-, eff. Sept. 15, 1976; No. 893, eff. Jan. 1, 1977; 1980, Fish and Game Board Regs. No. 916, eff. July 2, 1980; No. 919, eff. Aug. 16, 1980; 1989, Fish and Wildlife Board Reg. No. 978, eff. May 12, 1989; 1990, Fish and Wildlife Board Reg. No. 919, eff. Aug. 24, 1990; 1993, Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993.)
{effective January 1, 2013]
[Section 31 effective January 1, 2013; see also section 31 effective until January 1, 2013 set out above
[Section 31 effective January 1, 2013; see also section 31 effective until January 1, 2013 set out above.]
§ 31. Seasons, bag limits
The game animals specified in column one may be taken only during the period specified in column two not in excess of the numbers specified in column three and may be possessed only to the numbers specified as possession limit, except as provided in section 32 of this title.
Column OneColumn TwoColumn Three
ANIMALSEASONBAG LIMIT
(a) Gray September 1st to December 31st4 bag limit,
Squirrel both dates inclusive
8 possession limit
(b) Rabbit Last Saturday in September to3 bag limit,
second Sunday in March, inclusive
6 possession limit
(c) [Repealed]
(d) Caribou No open seasonZero
(e) Elk No open seasonZero
(f) Moose No open season except as
established by Regulation of the
Board
(Added 1961 No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. -, eff. Aug. 23, 1963; 1965, Fish and Game Board Reg. No. -, eff. Sept. 13, 1965; 1966, Fish and Game Board Reg. No. -, eff. Jan. 1, 1967; 1968, Fish and Game Board Reg. No. -, eff. Jan. 6, 1968; 1974, Fish and Game Board Reg. No. 878, eff. Sept. 8, 1974; 1976, Fish and Game Board Regs. No.-, eff. Sept. 15, 1976; No. 893, eff. Jan. 1, 1977; 1980, Fish and Game Board Regs. No. 916, eff. July 2, 1980; No. 919, eff. Aug. 16, 1980; 1989, Fish and Wildlife Board Reg. No. 978, eff. May 12, 1989; 1990, Fish and Wildlife Board Reg. No. 919, eff. Aug. 24, 1990; 1993, Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993; 2011, Fish and Wildlife Board Reg. No. 999, eff. January 1, 2013.)
§ 32
§ 32. Trapping, hare and rabbits
(a) The commissioner may issue a permit to no more than 5 members of any beagle club or to a private owner of an enclosed area not less than 20 acres in size, maintained for the training of beagles, to take live snowshoe hare and cottontail rabbits by the method described in subsection (b) of this section.
(b) Snowshoe hare and cottontail rabbits taken under a permit must be captured or trapped by means of a box or cage trap which will not wound the animal. Box or cage traps used for this purpose must be identified with an attached tag made of rustless material, with the permit holder's name and address permanently and legibly stamped or engraved thereon. Prior to setting any trap, the permit holder must obtain written permission from the owner of the property where the trap is to be set. Said written permission, must accompany the application to the commissioner for the trapping permit. The owner of the property may, at any time, revoke the permission. Any person who traps snowshoe hare or cottontail rabbits by the permit shall visit his traps at least once in every twenty-four hours. The snowshoe hare and cottontail rabbits taken by such trap may be transported to the permit holder's training area any time during the permit period and must be released within twenty-four hours of tak
ing. The permit must be carried on the permit holder's person during transportation.
(c) Snowshoe hare and cottontail rabbits taken by this permit are to be used solely for stocking of fenced beagle training areas. Any unauthorized use shall result in revocation of the permit by the commissioner and shall be considered a violation of this regulation.
(d) The permit shall specify the time of year and number of snowshoe hare and/or cottontail rabbits to be taken. (1980, Fish and Game Board Reg. No. 916, eff. July 2, 1980.)
§ 33
§ 33. Moose Management Rule
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the moose herd.
1.3 In accordance with 10 V.S.A. § 4082, the Vermont Fish and Wildlife Board may: establish open seasons; daily, season and possession limits for game; territorial limits; prescribe the manner and means of taking moose; establish territorial limits for the taking of moose; and establish restrictions on taking based upon sex, maturity and other physical distinctions.
1.4 In accordance with 10 V.S.A. § 4254(i)(1), this rule establishes a process to auction five (5) moose permits to be awarded to the highest bidders.
1.5 In accordance with 10 V.S.A. § 4254(i)(2), this rule establishes a separate drawing forVermont residents who have received, or are eligible to receive a campaign ribbon for Operation Iraqi Freedom or Operation Enduring Freedom through a special priority drawing through the permit lottery system.
2.0 Purpose
The purpose of this regulation is to establish two annual moose seasons, to establish the procedures to be used in applying for and issuing moose permits, and to establish the administrative framework for regulating the taking of moose.
3.0 Definitions
3.1 "Antlerless" means those moose without antlers or no antler greater than six inches in length.
3.2 "Applicant" means a person who has submitted a completed legal application to the lottery.
3.3 "Application" means the form provided by the Department that allows a person to be entered into the lottery.
3.4 "Board" means the Vermont Fish and Wildlife Board.
3.5 "Bonus point" means: 1) a point accrued for successfully applying for a permit, but not being drawn, or 2) a point accrued by indicating on the application that the person should not be entered into that year's drawing, but wishes to accrue a point.
3.6 "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.
3.7 "Department" means the Vermont Fish and Wildlife Department.
3.8 "Either sex" means a moose of any sex.
3.9 "Guide" means a person authorized to accompany, direct, aid, assist, and/or instruct a Permittee during a moose hunt.
3.10 "Guide Permit" means a document, provided by the Department to the Permittee, to allow for a guide to assist in a moose hunt.
3.11 "Legal means" means the taking of a moose by muzzleloader, rifle, handgun, shotgun, a permitted crossbow, or bow and arrow in conformance with Section 14 of this rule.
3.12 "Permit" means a document issued by the Department authorizing the taking of a moose.
3.13 "Permittee" means a person who has successfully acquired a legal permit through the lottery or auction as described in this rule.
3.14 "Subpermittee" means an individual designated by a Permittee, whose name has been provided to the Department in conformance with this rule, who may be permitted to take a moose.
3.15 "Wildlife Management Unit" (WMU) means one of twenty-five geographical areas in Vermont established for moose hunting regulation.
.
4.0 Moose Seasons
There shall be two moose seasons annually.
4.1 Archery. The first moose season shall be by archery only:
a) This season shall be open for seven consecutive days, beginning the first day of October.
b) An animal of either sex may be taken during this season.
c) To take an animal during this season a person must possess a valid archery moose permit as prescribed in Section 9 of this rule.
4.2 Regular. The second moose season shall be for any legal means of take:
a) This season shall be open for six consecutive days beginning the third Saturday in October.
b) An animal of either sex may be taken during this season.
5.0 Possession Limit
5.1 The bag limit for moose shall be one moose per moose hunting permit.
5.2 The possession limit for moose shall be one moose per moose hunting permit.
6.0 Permit Application Process
6.1 Applications must be made on an official moose hunting application form provided by the Department.
6.2 Only applications received by the Department's central office during the official application period will be considered. Applications must be received prior to the deadline established by the Department.
6.3 The Department will consider only complete applications. For an application to be complete it must be legible, must contain all the information requested by the Department, must bear the applicant's original signature, or, in the case of electronic or facsimile applications, attestation under the pains and penalties of perjury. To be considered complete the form must be accompanied by any required application fee, or means of payment, such as a valid credit card number.
6.4 The Department will consider no more than one complete application from any applicant per year for each of the two separate lotteries held. A lottery will be held for both the regular and archery seasons. Only one permit may be issued per person per calendar year.
6.5 Ten (10) percent of the moose hunting permits may be issued to non-resident hunters.
6.6 No person who has held a valid Vermont moose hunting permit in any of the previous three (3) calendar years may apply for a moose hunting permit or a bonus point in the current calendar year.
7.0 Lottery Points
7.1 A person may accumulate one additional chance, or "bonus point" to win the lottery for each consecutive year that person legally submits and provides the fee for an application but is not selected to receive a permit.
7.2 Applicants may accumulate up to one bonus point per year in each of the two separate lotteries (archery and regular) provided a complete application is submitted.
7.3 Applicants may elect to accrue a bonus point without entering the moose hunt lottery by submitting a completed application and fee and indicating at the appropriate place on the application form that they do not wish to be entered in the lottery for the current calendar year.
7.4 To accrue bonus points, a person must provide a complete application for the given year's lottery for which the person wishes to receive a permit (archery or regular). All bonus points in both lotteries are lost upon receipt of a valid permit or failure to provide a complete application for each designated lottery - a person may continue to accrue bonus points in one lottery, even if he or she fails to provide a valid application for the other.
8.0 Permit Selection Process
8.1 All those who have submitted completed applications and who wish to be entered into the lottery will be entered into the lottery. The Department will hold, or cause to be held, a transparent, random drawing to include all persons who have submitted a complete application.
8.2 Selected regular season applicants will receive a permit for their WMU of preference until the permit quota for their preferred WMU is filled at which time a permit will be awarded for their second choice WMU, and so on.
8.3 Selected regular season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee, and their Subpermittee's name, if any.
8.4 Selected archery season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee and indicate which Wildlife Management Unit they, and their Subpermittee, if any, will hunt in.
9.0 Moose Hunting Permits
9.1 An applicant who is chosen by lottery, or is the successful auction bidder may purchase a moose hunting permit from the Department.
9.2 At the time of issuance, moose season permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.
9.3 At the time of issuance, archery season permit recipients and designated Subpermittees must show proof of having held an archery deer license and/or a certificate of satisfactory completion of a bowhunter education course from Vermont or another state or province of Canada which is approved by the Commissioner. Archery season permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.
9.4 Moose hunting permits are valid only within the WMU or WMUs designated on the permit, for the specified season, and for the type (either sex) specified on the permit.
10.0 Deferments
10.1 The Commissioner may grant a one time, one-year deferment to successful applicants for reasons of personal or family illness, temporary disability, or military deployment.
10.2 Requests for deferment shall be received on the Department-issued form to the Commissioner and received no later than three days prior to the start of the moose season for which a permit has been issued. Requests shall contain information required by the Commissioner to substantiate the request.
10.3 Deferred permits shall be issued for the same WMU and permit type (either sex, archery or regular) as the originally issued permit.
11.0 Subpermittees
11.1 A person holding a valid moose hunting permit may designate one (1) Subpermittee who shall be permitted to hunt moose pursuant to the permit.
11.2 The Subpermittee must always be accompanied by the permit holder. For these purposes, "accompanied," means being able to communicate without the aid of artificial devices except medically-prescribed eyeglasses or hearing aids.
11.3 Once the applicant has provided the name of their selected Subpermittee to the Department, no change to this selection will be allowed except for personal or family illness, temporary physical disability, or military deployment.
11.4 Any request for change of Subpermittee must be made in writing to the Commissioner and received no later than three (3) days prior to the start of the moose season for which a permit has been issued.
11.5 [Deleted.]
12.0 Subpermittee Ineligibility
12.1 No person who has held a Vermont moose hunting permit in any of the previous three calendar years may be designated as a Subpermittee in the current calendar year.
12.2 No person who holds a valid moose hunting permit in one year may be designated as a Subpermittee the same year.
12.3 No person may be named as a Subpermittee on more than one permit during the same year.
13.0 Guides and Guide Permits
13.1 The Guide shall be allowed to direct, aid, assist and instruct the Permittee and Subpermittee during the hunt.
13.2 A Guide may not carry or possess any firearm, muzzleloader, or archery equipment.
13.3 Each Permittee shall be issued a Guide Permit by the Department. The Guide Permit must be carried by the guide at all times while accompanying the Permittee while hunting moose.
13.4 A person serving as a Guide must hold a current valid Vermont big game hunting license.
13.5 A Guide Permit may be carried by different persons at any time during the moose hunt, but only one person at a time may serve as a Guide for each moose hunting party.
13.6 A person may simultaneously serve as a Guide for more than one moose Permittee but must be carrying the proper Guide Permit for each guided party.
14.0 Control Measures
14.1 In addition to all relevant laws and regulations pertaining to the hunting and taking of big game in Vermont, the following additional restrictions apply:
a) No persons other than the Permittee, Subpermittee and Guide shall participate in a hunt to take moose.
b) Portable radio transceivers and/or cell phones shall not be used in the hunting or taking of moose. Such devices may be used, however, after the moose is legally tagged.
c) No electronic devices such as radio telemetry equipment shall be used to take moose.
d) No electronic devices may be used to attract moose.
e) No person shall shoot or attempt to shoot a moose when the moose is within 100 yards of any town, state, or federal highway as defined in 10 V.S.A. § 4705(f).
f) Pursuant to 10 V.S.A. App. § 12, notwithstanding 10 V.S.A. App. § 12, Section 1(g), a person may employ the licensed handler of an authorized leashed tracking dog to track a moose wounded while lawfully hunting under this rule.
14.2 Regular Season: Moose may be taken only with the following implements and restrictions:
a) Centerfire rifles or handguns not less than .25 caliber.
b) A muzzleloading firearm of not less than .50 caliber, with a minimum barrel length of 20 inches and designed to be fired from the shoulder, or a muzzleloading handgun of not less than .50 caliber and with a minimum barrel length of 10 inches.
c) Bows of not less than 50 pound draw weight, based on the archer's normal draw length for traditional bows, and using arrowheads with a minimum of 7/8 of an inch in width with no fewer than two or more cutting edges. A person taking moose may use and possess a crossbow only when holding a valid permit issued pursuant to 10 V.S.A. § 4711 and used consistent with this subsection.
d) Shotguns not less than 12 gauge and utilizing slugs only.
14.3 Archery Season: Moose may be taken only with the following implements and restrictions:
a) Bows of not less than 50 pound draw weight, based on the archer's normal draw length for traditional bows, and using arrowheads with a minimum of 7/8 of an inch in width with no fewer than two or more cutting edges.
b) A person taking moose may use and possess a crossbow only when holding a valid permit issued pursuant to 10 V.S.A. § 4711. Crossbow bolts shall have arrowheads with a minimum of 7/8 of an inch in width with no fewer than two or more cutting edges.
c) No person taking moose may possess a firearm or muzzleloader while hunting moose. No person taking moose may do so by means of firearms or muzzleloader.
15.0 Tagging and Reporting
15.1 The transporting of moose shall be in accordance with current regulations and statutes pertaining to big game.
15.2 Once a moose is legally tagged, pursuant to 10 V.S.A. Appendix § 2a., there is no limit to the number of persons that can assist with the field dressing and removal of the moose from the kill site.
15.3 Moose taken under this rule must be reported, pursuant to 10 V.S.A. Appendix § 2, by exhibiting the eviscerated carcass, or parts thereof, to a Department official at a Department-authorized moose check station during its scheduled days and hours of operation within 48 hours of tagging.
15.4 The moose head hide, lower legs, and boned-out backbone and/or ribcage need not be reported, however, both complete central incisors must be presented.
15.5 If a male moose is reported in parts, the antlers must also be presented and the scrotum containing the testicles must be left attached to the carcass or one of the hindquarters.
15.6 If a female moose is reported in parts, the udder must also be left attached to the carcass or one of the hindquarters.
15.7 No moose shall be transported out of the state without first being reported as required herein.
15.8 The Permittee and/or Subpermittee must identify the exact kill site on a Department map, and if requested, shall be required to take Department personnel to the kill site and/or the site of carcass evisceration for purposes such as, but not limited to, verification of the cause of death and site of kill, or to obtain ovaries or other biological samples left behind.
16.0 Permit Allocation
16.1 Regular Season
a) The number of either-sex and/or antlerless permits to hunt and take moose during the regular season will be set by separate Board rule.
16.2 Archery Season
a) A total of 50 permits to hunt and take moose of either sex by the use of bows only are authorized for the archery moose season.
b) Archery season permits are authorized for all WMUs open to regular season moose hunting.
17.0 Special Drawing for Those Awarded or Are Eligible to Receive a Campaign Ribbon for Operation Iraqi Freedom or Operation Enduring Freedom (in Afghanistan)
17.1 Pursuant to 10 V.S.A. § 4254, there shall be a separate drawing for Vermont residents who possess or who are eligible to receive a campaign ribbon for Operation Iraqi Freedom or Operation Enduring Freedom through a special priority drawing through the permit lottery system.
17.2 A total of five (5) regular season permits will be allocated for this special priority drawing. These five permits will be included in the total permits authorized by separate Board Rule.
17.3 Vermont residents who qualify for the special priority drawing must submit a complete application approved by the Department. A person applying for the special priority drawing permits must have marked the appropriate box on the application indicating that they comply with the provisions of this section.
17.4 Vermont residents who qualify for the special priority drawing and who are not drawn for a moose permit in that special priority drawing shall be entered into the subsequent regular drawing.
17.5 Vermont residents who qualify for the special priority drawing and who do not receive a moose permit shall be awarded preference points for the subsequent special priority drawing.
18.0 Moose Permit Auction
18.1 Pursuant to 10 V.S.A. § 4254(i), five moose permits shall be set aside to be issued by auction. These permits are in addition to the permits authorized by separate Board rule.
18.2 Complete bids must be received by the Department's central office prior to the deadline established by the Department.
18.3 Permits will be awarded to individuals that submit the five (5) highest bids. Individuals submitting the next five (5) highest bids will be eligible, in order of declining bid value, to receive a permit if higher-ranked bidders do not submit payment within 15 calendar days following notification.
18.4 An individual may submit more than one bid; however he/she may only receive one moose permit. If an individual submits multiple bids, only the highest value bid will be included in the auction as an official bid.
18.5 Once notified of winning a moose permit, successful bidders have 15 calendar days to submit their bid payment, and to indicate: the season they will hunt in, the Wildlife Management Unit they will hunt in; and their Subpermittee, if any.
18.6 If an individual receives a moose permit from the regular moose lottery or archery moose lottery, and is also a successful auction bidder, the person may choose either permit. Should a person choose the regular moose lottery permit or the archery moose lottery permit, the bid amount will be refunded and the next highest unsuccessful bidder will be offered the auction permit.
18.7 Individuals who have held a valid moose permit acquired by the regular or archery moose lottery or auction are ineligible from participating in the moose permit auction for three calendar years. (Added 1993, Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993; amended 1994, Fish and Wildlife Board Reg. No. 999, eff. April 8, 1994; 1995 Fish and Wildlife Board Reg. No. 999, eff. May 15, 1995; 1995, Fish and Wildlife Board Reg. No. 999, eff. May 4, 1996; 1999, Fish and Wildlife Board Reg. No. 999, eff. June 5, 1999; 1999 (Adj. Sess.), Fish and Wildlife Board Reg. No. 999, eff. June 16, 2000; 2003, Fish and Wildlife Board Reg. No. 1000, eff. June 21, 2003; 2005, Fish and Wildlife Board Reg. No. 999, eff. Aug. 6, 2005; 2006 Fish and Wildlife Board Reg. No. 999, eff. Aug. 31, 2006; 2007, Fish and Wildlife Board Reg. No. 999, eff. July 6, 2007; 2008, Fish and Wildlife Board Reg. No. 999, eff. July 7, 2008; 2009, Fish and Wildlife Board Reg. No. 999, eff. June 18, 2009; 201
0, Fish and Wildlife Board Reg. eff. July 9, 2010; 2011, Fish and Wildlife Board Reg. eff. March 3, 2011; 2012, Fish and Wildlife Board Reg. eff. June 3, 2012.)
§ 33a
§ 33a. Moose Permit Rule
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the moose herd.
1.3 In accordance with 10 V.S.A. § 4082, the Vermont Fish and Wildlife Board may: establish open seasons; daily, season and possession limits for game.
2.0 Purpose
The purpose of this rule is to authorize the issuance of a certain number of moose permits, by Wildlife Management Unit (WMU), to be issued by means of a public lottery.
3.0 Authorizations
3.1 The Fish and Wildlife Board hereby authorizes the taking of moose during the moose season.
3.2 The Board authorizes the issuance of a total of 385 permits to be distributed by lottery as provided by 10 V.S.A. Appendix § 33.
4.0 Permit Allocation
4.1 385 permits to hunt and take moose of any sex and age are authorized for the following WMUs:
WMU BCD1D2E1E2GH1 H2IJ1J2LMOPQ
Either- 5 30404070301035 10201520102510105
Sex
Permits
(Added 2010 Fish and Wildlife Regulation eff. May 18, 2010; amended 2011 Fish and Wildlife Board Reg. eff. July 3, 2011; 2012 Fish and Wildlife Board Reg. eff. June 3, 2012.)
§ 34
§ 34. Repealed.
§ 35
§ 35. Taking of moose doing damage to fencing, tubing, or Christmas trees
(A) Only with prior approval from a Game Warden, a landowner may take a moose which has repeatedly or may continue to substantially damage:
(1) tubing, fittings, and mainline used in maple sap collection.
(2) fencing that is currently containing hoofed livestock.
(3) Christmas Tree Plantations.
(B) A landowner may designate one individual who holds a resident Vermont hunting license as an agent to take a moose doing damage, pursuant to subsection (a) of this section, on the landower's behalf. A landowner may not offer or accept any form of payment to or from a person designated as an agent under this subsection except as allowed in subsection (e) of this section.
(C) The landowner shall immediately report the wounding or killing of a moose under this section to a Game Warden. Within 12 hours of said wounding or killing of a moose under this section, the landowner or person who performed the act shall submit a written, signed report relating the date, time, place and reason for the wounding or killing to a Game Warden.
(D) A person who kills the moose shall immediately properly dress the carcass and care for the meat.
(E) The Game Warden shall immediately investigate the case and if satisfied that the moose was taken as provided in this section, the Warden shall give the landowner a certificate of his or her finding in the matter. The certificate shall entitle the landowner to the ownership of the carcass. The landowner may not sell or give away the carcass except to offer all or a portion of it to the agent designated under subsection (b) of this section as compensation for killing the moose. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a Game Warden. (1996, Fish and Wildlife Commissioner's Reg. No. 1013, eff. July 6, 1996.)
§ 36
§ 36. Youth hunting day-Deer
(1)(a) On the Sunday prior to the opening day of the regular deer season a resident who is under 16 years of age and has received a permit upon successful completion of a hunter firearms safety course may take one (1) wild deer with one antler at least three inches in length.
(b) However, if the Fish and Wildlife Board determines that taking of antlerless deer will be allowed then the Wildlife Management Units where this will be allowed and numbers of antlerless deer that may be taken will be adopted by rule, relating to the taking of antlerless deer.
(c) If a deer of either sex may be taken, as determined by (a) and (b), then the limit shall be one deer.
(2) Issuance of Tags; Proof of Residency:
Proof of satisfactory compliance in a hunter firearms safety course and proof of residency must be presented before the issuance of a tag.
(3) Nonresidents will not be eligible for this hunt.
(4) To hunt under this section each person shall hold a valid hunting license under 10 V.S.A. § 4255, except a minor of a landowner pursuant to 10 V.S.A. § 4253. (10 V.S.A. § 4742(b))
(5) Each person hunting under this section shall be accompanied by an unarmed adult who holds a valid hunting license and who is over 18 years of age. (10 V.S.A. § 4742(b))
(6) An adult accompanying a youth under this section shall accompany no more than two (2) permittees at one time. (10 V.S.A. § 4742(b))
(7) No person shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant. (10 V.S.A. § 4742(d))
(8) Tagging:
A deer taken pursuant to this section shall immediately be tagged upon being taken into a person's possession by attaching the tag to the deer carcass. The tag shall be placed on the deer carcass in a location that is open to view. Such tag shall remain on the deer carcass during possession and transportation and until such time that the animal is cut up for consumption.
A person shall not transport parts of a deer taken under this section unless the parts or package containing them are marked with a name and address of the person who killed the deer. (10 V.S.A. App. § 2a)
(9) Reporting:
A person taking a deer pursuant to this section shall within 48 hours report the taking and exhibit the carcass to the nearest Game Warden, official Fish & Wildlife Department Reporting Station, or to a person designated by the Commissioner to receive the reports.
No deer taken under this section shall be transported out of the State without first being reported as required herein. (10 V.S.A. App. § 2(a))
(10) A person taking a deer under a permit pursuant to this regulation and Section 4742 of Title 10 will be eligible to take a deer during the regular deer season and other remaining open seasons if they have not taken three deer in the calendar year as prescribed in 10 V.S.A. § 4753. (1997, Fish and Wildlife Commissioner's Reg. No. 1019, eff. Aug 2, 1997 and No. 1019, eff. Sept. 8, 1998.)
§ 37
§ 37. Deer Management Rule
1.0 Authority
1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the fish and wildlife board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the deer herd.
1.3 In accordance with 10 V.S.A. § 4084, this rule establishes open seasons; establishes daily, season and possession limits; prescribes the manner and means of taking white-tailed deer and establishes restrictions on taking based on sex and antler size.
2.0 Purpose
The purpose of this rule is to manage the white-tailed deer herd, implementing will of the General Assembly to design rules to maintain the best health, population and utilization levels of the deer herd.
3.0 Definitions
3.1 Bait: For the purposes of this regulation, "bait" is defined as any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife. Natural and artificial scents and lures, provided they are not designed to be consumed by eating or licking or any scent placed on clothing, for the purposes of providing cover scent, shall not be bait for the purposes of this rule.
3.2 Baiting: "Baiting" is the placing of any animal, vegetable or mineral matter, except scents and lures as defined in paragraph 3.1, that has the effect of enticing wildlife to a certain location.
3.3 Bona fide agricultural practices: Practices that have been employed to plant, grow and harvest an agricultural product conducted in the usual manner.
3.4 Board: The Vermont Fish and Wildlife Board.
3.5 Anterless Deer: "Antlerless Deer" are defined as those deer without antlers or with no antler longer less than three (3") inches long.
3.6 Antler Point: A "point" is an antler projection of at least 1" measured from base to tip. A broken main beam shall count as a point regardless of length.
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3.7 Legal Buck: any whitetail deer with at least one antler with two or more antler points.
3.8 Youth: A person who is under 15 years of age or younger.
4.0 Regular Rifle Season
Pursuant to 10 V.S.A. § 4741, for the 16 consecutive calendar days commencing 12 days prior to Thanksgiving day, a person may take by lawful means one legal buck.
5.0 Annual Deer Limit
A person shall not take more than three white-tailed deer in a calendar year, only two of which may be a legal buck.
6.0 Deer; Seasons for Taking by Muzzleloading Firearm
6.1 Muzzleloader Season: For the nine consecutive calendar days commencing on the first Saturday after the completion of the regular rifle deer hunting season, a person may take one white-tailed deer by muzzleloading firearm. Only one legal buck may be taken unless the person possesses an antlerless permit.
a) If the Board has authorized the taking of antlerless deer, and if an individual possesses a permit to take an antlerless deer, then the individual may take an antlerless deer as authorized.
6.2 A person hunting with a muzzleloading firearm under this section shall obtain a license as provided in 10 V.S.A. § 4252.
6.3 A person hunting with a muzzleloading firearm pursuant to this rule shall not carry any firearms other than one single-barreled muzzleloading firearm as defined in 10 V.S.A. § 4001(33) while hunting deer during this season.
6.4 No person taking deer by means of muzzleloader may possess archery equipment or crossbow while hunting.
6.5 Limit: No more than three deer, only one of which may be a legal buck, may be taken during muzzeloader season, not to exceed the annual limit as prescribed in Section 5.1 of this rule.
7.0 Archery Season for Taking by Bow and Arrow or Crossbow
7.1 Archery Season: For the 23 consecutive calendar days commencing on the first Saturday in October and the nine consecutive calendar days starting on the first Saturday after the completion of the regular rifle deer hunting season.
7.2 One legal buck may be taken during the archery season anywhere in the state. In Wildlife Management Units declared open by the Board to the taking of antlerless deer, a person may take antlerless deer.
7.3 A person hunting with a bow and arrow or crossbow under this section shall obtain an archery license as provided in 10 V.S.A. § 4252. An archery tag will be valid for one deer; additional tags are required for the taking of additional deer in accordance with 10 V.S.A. § 4252.
7.4 Crossbows shall not be carried or used as a means of take by any person hunting or taking a deer except by a person holding a permit issued under 10 V.S.A. § 4711.
7.5 No person taking deer with a bow and arrow or crossbow under this section may possess a firearm while hunting and no deer may be taken by firearms while archery hunting.
7.6 Limit: No more than three deer, only one of which may be a legal buck, may taken during this season; not to exceed the annual limit as prescribed in Section 5.0 of this rule.
8.0 Youth Deer Hunting Weekend
8.1 Pursuant to 10 V.S.A. § 4742a, the Saturday and Sunday prior to the opening day of the regular rifle deer hunting season shall be youth deer hunting weekend.
8.2 Limit: One white-tailed deer. One legal buck may be taken during the youth deer hunting weekend, or any deer if the Board has authorized the taking of anterless deer during youth hunting weekend.
8.3 To participate in the youth deer hunt, a qualified youth must have a valid Vermont hunting license and a youth deer hunting weekend tag.
9.0 Feeding of Deer
9.1 No person shall feed white-tailed deer at any time in Vermont except:
a. Under a license or permit issued pursuant to 10 V.S.A. § 4152 by the Department for bona fide scientific research, mitigation of wildlife damage or nuisance problems, or wildlife population reduction programs only; or
b. By planting, cultivating or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots; or
c. By distribution of food material for livestock directly associated with bona fide agricultural practices; or
d. By cutting of trees or brush; or
e. By incidental feeding by an elevated bird/squirrel feeders (feeders must be at least five feet above the ground) providing seed, grain, fruit, worms, or suet for birds or squirrels, located within 100 feet of an occupied dwelling.
10.0 Baiting
10.1 No person shall take deer by using bait. Exempted from this prohibition are:
a. Incidental feeding of wildlife within active livestock operations;
b. Standing crops planted and left standing as food plots for wildlife;
c. Grain or other feed scattered or distributed solely as a result of normal agricultural, gardening, or soil stabilization, and logging practices;
d. Vegetation or food/seed naturally deposited.
10.2 No person shall take any game or wild animal by using bait during deer seasons established under Part 4 of Title 10 or by rules of the Board, except that persons taking fur-bearers as authorized under 10 V.S.A. § 4252(3) may use bait in conjunction with traps being set to take fur-bearers. (Added 2005, Fish and Wildlife Board Reg. No. 1502, eff. July 2, 2005; amended 2008 Fish and Wildlife Board Reg. No. 1502, eff. Sept. 6, 2008; 2011 Fish and Wildlife Board Reg. No. 1502, eff. Mar. 3, 2011.)
§§ 41-43
§§ 41-43. Repealed.
§ 44
§ 44. Furbearing species
1.0 Authority
1.1 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082, 4084, 4828, and 4861. In promulgating this rule, the fish and wildlife board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife, and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of these valuable resources for the people of the state requires a constant and continual vigilance.
1.2 In accordance with 10 V.S.A. §§ 4082 and 4084, this rule is designed to maintain the best health, population, and utilization levels of the regulated species.
1.3 This rule shall apply to all persons who take or attempt to take fur-bearing animals by trapping or hunting.
2.0 Purpose
The purpose of this rule is to regulate the taking of fur-bearing animals.
3.0 Definitions
3.1 "Commissioner" means the Commissioner of the Vermont Department of Fish and Wildlife.
3.2 "Department" means the Vermont Department of Fish and Wildlife.
3.3 "Board" means the Vermont Fish and Wildlife Board.
3.4 "Fur-bearing animal" means beaver, otter, marten, mink, raccoon, fisher, fox, skunk, coyote, bobcat, weasel, opossum, lynx, wolf, and muskrat or as amended pursuant to 10 V.S.A. § 4001.
3.5 "Trapping" means to take or attempt to take fur-bearing animals with traps including the dispatching of such lawfully trapped fur-bearing animals.
3.6 A "trap" means a mechanical device used to capture, kill and/or restrain fur-bearing animals excluding firearms, muzzleloaders and archery equipment.
3.7 A "tanned" pelt is one that has been treated to turn the skin into leather.
4.0 Restrictions
4.1 A person trapping for fur-bearing animals under this rule shall visit his/her traps at least once every calendar day, except as provided in paragraph 4.2, and dispatch or release any animal caught therein.
4.2 A person who sets body gripping traps in the water or under the ice, or foothold or cage traps under the ice shall visit his/her traps at least once every three calendar days and remove any animal caught therein.
4.3 A person shall not set a trap on lands other than his/her own which does not have his/her name and address permanently and legibly stamped or engraved thereon, or on a tag of rustless material securely attached thereto.
4.4 All traps under ice will be marked with a tag visible above the ice.
4.5 A person shall not set a body gripping trap with a jaw spread over eight inches measured inside the jaws unless the trap is set five feet or more above the ground, or in the water.
4.6 A person shall not use toothed foothold traps or snares when trapping under this section.
4.7 A person shall not set a trap between December 31 and the following fourth Saturday in October unless the trap is in the water, under the ice, or on a float in the water.
4.8 A person shall not possess a living fur-bearing animal, except as provided by rules of the board or part 4 of Title 10.
4.9 A person shall not possess a fur-bearing animal trapped outside of its legal season without the written authorization of the Department, not to include animals taken pursuant to 10 V.S.A. § 4828.
4.10 A person shall not possess fur or skin of a fur-bearing animal unlawfully taken.
4.11 A person shall not take a fur-bearing animal by use of any poisonous mixture.
4.12 A person shall not take a fur-bearing animal from dens by cutting, digging, smoking, by the use of chemicals, or by the use of mechanical devices.
4.13 Beaver Muskrat
a.) When trapping muskrat between March 1 and March 31, body gripping traps are restricted to 5 inches or less.
b.) A person shall not disturb or destroy a beaver or muskrat house or den or place a trap therein, thereon, or in the entrance thereof.
c.) A person may set a trap within 10 feet of the nearest point, above the water, of a beaver house or dam only from the 4th Saturday in October through the last day of February, all dates inclusive.
d.) Except for the setting of traps as provided under 4.13b and 4.13c, a person shall not interfere in any manner with dams, dens, or houses of beaver except upon prior written approval from the Commssioner.
e.) When trapping beaver between March 1 and March 31, body gripping traps shall:
i.) Have a parallel trigger and trigger stop. Acceptable trigger stops include twisted wire, cable ties, wire wrap, or welded bead. The trigger should be offset at least 8" from one side of the trap and be no longer than 6 1/2 inches. Trigger wires must be joined together.
ii.) Include tension adjustable, square-notch trigger brackets. Four-way and/or V-notch triggers are illegal to use.
iii.) Diagram 1. below illustrates these requirements.
4.14 Bobcat; Otter; Fisher
a.) From December 17 to December 31, both dates inclusive, in order to minimize incidental bobcat harvest during the remainder of the fisher season, a person shall not set a body gripping trap with a jaw spread over 6 inches measured inside the jaws unless the trap is set 5 or more feet above the ground, or in the water.
b.) The skins of bobcat, otter, and fisher legally taken may be possessed, transported, bought and sold only when tagged and marked as hereinafter provided.
c.) A person who takes bobcats, otter, or fisher during these seasons shall notify authorized Department staff within 48 hours of the close of the season. Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.
d.) No bobcat, otter, or fisher pelts or carcasses taken during these seasons shall be transported out of the state of Vermont prior to being tagged by authorized Department staff.
e.) A person who takes bobcat, fisher, and otter pursuant to 10 V.S.A. § 4828 and who desires to keep the pelt shall notify authorized Department staff with 84 hours of the taking. Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.
4.15 Raccoons
a.) A person shooting raccoons during the raccoon hunting season shall use a 0.22 caliber rimfire firearm or a shotgun with #2 shot or smaller.
b.) A light may be used to illuminate and shoot a raccoon once treed by a dog, or dogs, during the raccoon hunting season. A light may also be used to illuminate a raccoon once treed by a dog, or dogs, during the training season.
5.0 Seasons, Bag Limits
The following seasons, methods and bag limits are hereby established for the species listed. All hunting seasons will be with or without dogs, except as otherwise provided. Below is the exclusive, exhaustive list of season and means of take of fur-bearing animals. The taking of fur-bearing animals at other times or by other means, except where otherwise provided by law, is prohibited. All dates are inclusive.
Seasons Dates Bag Limit 5.1 Beaver By trapping Fourth Sat. in Oct. No limit through March 31 By hunting No open season Zero 5.2 Otter By trapping Fourth Sat. in Oct.- No limit last day of Feb. By hunting No open season Zero 5.3 Marten No open season Zero 5.4 Mink By trapping Fourth Sat in Oct.-Dec. 31 No limit By hunting No open season Zero 5.5 Raccoon By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting Second Sat. in Oct.-Dec. 31 No limit 5.6 Bobcat By trapping December 1-December 16 No limit By hunting January 10-February 7 No limit 5.7 Fox (red or grey) By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting Fourth Sat. in Oct. through No limit the second Sun. in Feb. 5.8 Skunk Fourth Sat. in Oct.-Dec. 31 No limit By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting No closed Season No limit 5.9 Muskrat By trapping Fourth Sat. in Oct.-March 31 No limit By hunting March 20-April 19 No limit 5.10 Coyote By trapping Fourth Sat. in Oct.-Dec. 31 No
limit By hunting No closed season No limit 5.14 Fisher By trapping December 1-December 31 No limit By hunting No open season Zero 5.15 Weasel By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting No closed season No limit 5.16 Opossum By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting No closed season No limit 5.17 Wolf No open season Zero 5.18 Lynx No open season Zero
(Added 1961, No. 119, § 2, eff. May 9, 1961; amended 1966, Fish and Game Board Reg. No. -, eff. Jan. 1, 1967; 1974, Fish and Game Board Reg. No. 883, eff. Jan. 18, 1974; 1977, Fish and Game Board Reg. No. 904, § 3, eff. Jan. 1, 1978; 1977, No. 231 (Adj. Sess.); 1980, Fish and Game Board Regs. No. 917, eff. July 2, 1980; No. 925,§§ 1, 2, eff. Dec. 27, 1980; 1984, Fish and Game Board Reg. No. 949, eff. June 2, 1984; 1989, No. 36, § 2; 1995, Fish and Game Board Reg. No. 1008, eff. July 9, 1994; 2003, Fish and Wildlife Reg. No. 1008, eff. Oct. 31, 2003; 2007, Fish and Wildlife Reg. No. 1008, eff. Jan. 12, 2007; 2012 Fish and Wildlife Board Reg. eff. July 14, 2012.)